Accused of Misusing a Power of Attorney

If you've been accused, or you're worried you might be, of misusing your role as someone's attorney, here's what's actually true: it happens more than people expect, it's often driven by family dynamics rather than genuine wrongdoing, and there's a real, survivable process for it.

Why this often isn't about your conduct at all

Being chosen as attorney usually reflects who's consistently shown up, been reliable, and carried the caring role over years, not favouritism. What catches a lot of families off guard is how sibling dynamics can shift once a parent's health declines. Jealousy, resentment, and old, unrelated family history can resurface in ways that feel genuinely shocking, sometimes as direct accusations or a formal complaint, not because the attorney has done anything wrong, but because the situation itself brings out fear, grief, and a need for control in people who feel shut out.

Who can actually raise a concern, and what usually triggers one

Anyone can report a concern about an attorney to the Office of the Public Guardian (OPG), and the OPG is required to look into it, even where the concern turns out to be unfounded. The most common genuine trigger is a dispute over a gift, attorneys can only make gifts the donor themselves would reasonably have made, and anything larger or more unusual can raise a flag, even when it was entirely appropriate and well-intentioned.

What actually happens if the OPG investigates

The OPG has genuinely wide powers. They can visit the donor and speak to them directly, without telling the attorney in advance, contact care staff, and request bank records. You'll typically be sent a detailed Information Form and Financial Declaration to complete, with an initial response window of around two weeks. It's standard, and rarely refused, to request a short extension if you need more time to gather everything properly.

This is a frightening letter to receive, and it's meant to be taken seriously, but a genuine, well-documented account of your decisions is a real defence, not just reassurance. Solicitors who specialise in this area report accusations being properly overturned once the full picture and records are laid out.

The best protection is in place before anything happens

• Keep meticulous records of every decision and every payment, exactly the record-keeping duty covered in our guide on care home invoicing, itemised receipts, a simple ongoing log, and clarity on what was spent and why.
• Understand the reasonable gifts rule clearly, and if you're ever unsure whether something falls inside it, it's worth checking with a solicitor before acting, not after.
• Keep your own money completely separate from the donor's, and never benefit yourself beyond what they'd genuinely have wanted.

If you do receive a letter

• Respond promptly rather than ignoring it, silence makes things worse, not better
• Request the standard extension if you need it, this is normal and expected
• Consider a solicitor experienced specifically in OPG investigations, this is a genuinely specialist area, and proper advice early on tends to matter
• Focus on the facts and your records, not on who reported you or why, understandable as that instinct is

A word from The Care Compass

Being falsely accused while you're already exhausted, grieving, and doing your genuine best is one of the more isolating things that can happen in this role. If this is where you are, you're not alone in it, and it doesn't mean you've done anything wrong. Keep your records, get proper advice if you need it, and know that this process, however frightening, has a real, fair route through it.

This article is for general guidance only and does not constitute legal advice. If you're facing an actual OPG investigation, professional legal advice from a solicitor experienced in this area is genuinely worth having.

You don’t have to navigate it alone.