Lasting power of attorney: what families need to know as concerns rise

A lasting power of attorney (LPA) allows someone to appoint trusted people to make decisions on their behalf. It can provide vital reassurance that their affairs will be managed if they become unable to make those decisions themselves.

But when a family suspects an attorney is misusing that responsibility, knowing where to turn and how to explain their concerns, can be difficult.

A recent Telegraph investigation has highlighted pressures on the Office of the Public Guardian (OPG), which registers LPAs and investigates concerns about attorneys and deputies in England and Wales.

Jo Summers TEP, Head of Private Wealth & Tax at Jurit, spoke to the newspaper on behalf of STEP about the difficulties families can face and why careful planning and early advice matter.

In 2025–26, the OPG received more than 1.58 million applications to register lasting powers of attorney (LPAs). Concerns raised about attorneys and deputies increased by 17% to 13,183. Of these, 28% were accepted for investigation, while 72% were signposted to other services.

Applications took an average of 45 working days to process, meanwhile investigations, took an average of 198 working days to conclude, against a target of 70.

These figures demonstrate growing demand for LPAs and pressure on the OPG to deal with investigations.

“More of us are living longer, but not always keeping mental capacity, so the need for LPAs and advice is growing. That puts pressure on the system. Processing times for routine LPA applications haven’t changed much,” Jo explains.

In her experience, families can find it difficult to secure an investigation when they suspect funds have been misused but lack access to the evidence that might substantiate their concerns. She has also encountered lengthy waits in complex Court of Protection matters.

“Some of my clients have raised concerns with the OPG but have found that, without firm evidence, a suspicion alone doesn’t seem to be enough to prompt an investigation. And for more complex matters, particularly in the Court of Protection, enquiries can go a long time without a reply, in one case over a year.”

Families should not, however, assume they must prove wrongdoing before raising a concern. The OPG’s reporting guidance makes clear that people can submit a report even if they do not have all the information requested. It will then assess whether it has the legal authority to investigate.

Jo’s advice is to start keeping a clear record as soon as concerns arise. Write down what you have noticed, when it happened and who was involved. Keep copies of relevant bank statements, bills or messages that you can lawfully access. Specific dates, transactions and examples can help explain the situation when seeking legal advice or reporting it to the OPG.

Where concerns involve someone’s care or safety, local adult social services may also be able to help. Suspected criminal offences should be reported to the police, and anyone in immediate danger needs an emergency response through 999.

Careful planning when making an LPA is equally valuable. There are two types in England and Wales. Property and financial affairs, and health and welfare. A registered property and financial affairs LPA can be used with the person’s permission while they still have capacity, subject to its terms. A health and welfare LPA can only be used when the person lacks capacity to make the relevant decision. An LPA must be made while the person has the capacity to do so.

Choosing attorneys carefully, discussing your wishes and ensuring your attorneys understand the responsibilities involved can help reduce the risk of problems later. Taking specialist legal advice at the outset can also help you consider how the arrangement should work in practice.

LPAs remain a valuable way to plan ahead. But if you are worried about someone’s capacity or an attorney’s actions, seeking advice early can help you understand your options without waiting until you have assembled every piece of evidence.

For help making an LPA, understanding an attorney’s responsibilities or addressing concerns about how someone’s affairs are being managed, contact Jurit’s Private Wealth & Tax team.

Read the full story in The Telegraph.