Concerns about an attorney actions

Concerns about an attorney should be described through specific actions and their effect on the donor. OPG can investigate certain concerns where the person lacks capacity to deal with the issue; its guidance explains the reporting scope. ^[1]

Record what you know without filling gaps Note dates, amounts, recipients and the source of your information. Distinguish an unusual transaction from evidence of misuse. Keep documents obtained lawfully and avoid accessing private accounts without authority.

Explain any immediate risk, such as essential bills unpaid or a proposed property transfer. You do not need a complete financial investigation before raising a credible concern.

Use the route matching the urgency Immediate danger or suspected crime may require police or emergency help. Adult safeguarding concerns may also need referral to the relevant local service. Reporting to OPG does not itself freeze accounts or guarantee immediate intervention.

See adult safeguarding concerns where care or safety is affected. If the donor retains capacity and wants to change the appointment, obtain advice on revocation and protective steps without allowing relatives to substitute their own wishes for the donor's.

Describe the event rather than beginning with an accusation Write down what happened, when it happened and how you know. Separate a bank entry you have lawfully seen from a statement another relative reported and from a suspicion about motive. An unusual payment may have an explanation, while a pattern of unpaid essential bills may justify prompt concern even without a complete account history. Present the evidence accurately so the receiving organisation can assess it. Avoid filling missing details with an assumption merely because it fits a wider family disagreement.

Identify the effect on the donor. Explain whether they are missing necessary support, facing a threatened transfer or unable to obtain information about their own affairs. Include relevant dates and amounts where known. The report should focus on their interests and the attorney's actions, rather than on disappointment about a future inheritance or a preference for another family member to take control. A clear account of the donor's position helps distinguish a safeguarding concern from an unresolved personal dispute between relatives.

Match the reporting route to the issue and urgency OPG's England and Wales guidance explains concerns it can investigate and states that its investigative scope depends on the person lacking capacity to address the issue themselves. Anyone can raise a concern, and incomplete information need not prevent a report. Check the relevant route if the person lives in Scotland or Northern Ireland, where arrangements differ. Give the available information through the official channel rather than assuming a message to an unrelated office will be passed on in time. [1]

If there is immediate danger or a suspected crime, seek the appropriate urgent help rather than waiting for a routine administrative response. Care and safety concerns may also require the relevant adult safeguarding service. Explain what makes the risk immediate and which organisations have already been contacted. Reporting to OPG should not be treated as an automatic account freeze or guarantee that a transaction has been stopped. Ask the appropriate adviser or authority about any separate protective step needed for the actual risk.

Preserve records through lawful and proportionate methods Keep relevant documents in the form in which they were obtained and note their source. Retain complete messages where context matters, rather than circulating an isolated screenshot as proof of a wider allegation. Do not enter private accounts without authority or encourage someone else to obtain information unlawfully. If records may exist but you cannot access them, identify that possibility in the report. The organisation receiving the concern can assess what further information is needed and the proper way to obtain it.

Avoid broad distribution of allegations to customers, employers or extended family. It may expose private information, distress the donor and make the issue harder to handle fairly. Share the relevant facts with the people or organisations who have a proper role. If you speak with the donor, give them space to express their own account without coaching or pressure. Their preferences and capacity for the particular issue should be considered, rather than assuming concern from relatives automatically entitles those relatives to substitute their decisions.

Keep a useful follow-up record Retain the report, acknowledgement and reference provided, together with a concise record of further developments. If a new event changes the urgency, communicate it through the appropriate channel and explain the difference from the original concern. Do not send repeated copies of the same allegation without new information while assuming that repetition itself accelerates action. A dated update identifying a scheduled transaction or a newly unpaid essential expense is more useful than a general statement that matters are getting worse.

Where the donor retains capacity and wants to change an appointment, obtain advice about the formal options and protective measures. That decision should remain the donor's, with suitable support and privacy. If the concern relates to past transactions, assess that issue separately from ending future authority. Keep the different objectives clear: protecting the person now, clarifying current authority and examining what has already happened may involve different steps. An organised report supports those decisions without asserting an outcome that has not yet been investigated or determined.