What can I do if someone used a power of attorney to steal from me or a relative?
Misuse of a power of attorney is a serious criminal and civil matter — victims can apply to the Court of Protection, report to the Office of the Public Guardian, and in serious cases have the power revoked and assets recovered through civil litigation.
Last reviewed: 10 June 2026
Explanation
A lasting power of attorney (LPA) or enduring power of attorney (EPA) gives an attorney significant legal power over someone's finances. When that power is abused — for example, by an attorney who transfers funds to themselves, makes gifts to family members, or depletes assets for personal benefit — it constitutes financial abuse and may be both a criminal offence and grounds for civil action.
In England and Wales, the Office of the Public Guardian (OPG) investigates complaints about attorneys and deputies. You can report concerns about LPA misuse to the OPG, which can investigate and, in serious cases, apply to the Court of Protection to revoke the LPA and appoint a different decision-maker.
The Court of Protection can also make recovery orders, requiring an abusive attorney to repay funds taken without proper authority. Criminal prosecution for theft, fraud, or abuse of position may also follow where the evidence is sufficient.
This is general information. Cases of LPA misuse are legally complex and often emotionally difficult, particularly when the attorney is a family member. A solicitor experienced in Court of Protection work should be consulted as soon as concerns arise.
Common red flags
- Large or unexplained withdrawals from the donor's account since the LPA was registered
- The attorney has made gifts to themselves or family from the donor's assets
- The donor's financial affairs are being kept hidden from other family members
- The donor's living standards have declined despite having significant assets
- The attorney is making financial decisions outside the scope of the LPA
What to do now
- Report concerns to the Office of the Public Guardian (England and Wales)
- Apply to the Court of Protection for an investigation and potential LPA revocation if abuse is confirmed
- Contact Adult Safeguarding at the donor's local authority if the donor is a vulnerable adult
- Consult a Court of Protection solicitor urgently about recovery options
- Gather financial records showing the pattern of withdrawals or transfers
Frequently asked questions
Can an LPA be cancelled if an attorney has been dishonest?
Yes. The Office of the Public Guardian can apply to the Court of Protection to revoke an LPA if the attorney is found to have acted dishonestly, recklessly, or against the donor's interests. The Court of Protection has wide powers to make this happen.
What if the person who misused the LPA has spent all the money?
Civil recovery is still possible even if the money has been spent. A court can issue a money judgment against the attorney personally. Recovery depends on whether the attorney has assets of their own against which the judgment can be enforced. Criminal proceedings and recovery orders can run in parallel.