If you are searching for “being investigated by the OPG”, “OPG investigation outcomes”, or “punishment for power of attorney abuse UK”, you are not alone. Most people only discover the full reach of the Office of the Public Guardian when a letter lands. The risks are real: OPG investigations can lead to both civil and criminal penalties, including prison for serious abuse.
What You Should Do Immediately
- Email the OPG and request a two-week extension. Reply promptly and ask for more time to gather documents. This is standard and rarely refused.
- Do not obsess over who reported you or why. Focus on the seriousness of the matter. OPG investigations can result in criminal as well as civil sanctions.
- Understand the gravity. If you are searching “can you go to jail for abuse of power of attorney” or “power of attorney fraud penalties”, the answer is yes. Real cases end in prison sentences for fraud by abuse of position.
- Take expert legal advice as soon as possible. The right advice early on can make the difference between a resolved case and a criminal prosecution.
- Collect as many bank statements as possible before accounts are frozen. Banks may freeze accounts during an investigation, so secure your records now.
- If you are a health and welfare attorney, apply for the donor’s medical records. The OPG will get them anyway. Having them early helps your case.
- If there is any chance the donor still has mental capacity, gather evidence. If the donor has capacity, the OPG cannot act. Capacity evidence can close a case before it starts.
What You Should Avoid
- Do not destroy or alter any records. This can be a criminal offence.
- Do not make new gifts, loans, or “thank-you” payments. Section 12 of the Mental Capacity Act strictly limits what attorneys can do.
- Do not ignore the OPG’s letter. Silence will only make things worse.
- Do not try to justify past gifts without evidence. You must show a clear decision-making process and compliance with the law.
- Do not rely on generic advice or internet forums. Every case is different, and the penalties are real.
Did You Know?
- Letting someone live in the donor’s property rent-free is treated as a gift and is usually outside the attorney’s authority.
- The OPG can and will obtain medical records, care notes, and bank statements directly from third parties.
- If the donor has capacity, the OPG cannot investigate or act. Capacity evidence can be decisive.
Can the Public Guardian Investigate Claims of Abuse?
Yes. One of the most common questions people ask is whether the public guardian can help to investigate claims of abuse. The answer is that the OPG has wide-ranging powers to investigate any concerns about how an attorney is using a Lasting Power of Attorney.
The OPG can demand documents, interview witnesses, and refer cases to the police. They can also apply to the Court of Protection to have an attorney removed and replaced with a professional deputy.
Sibling Abusing Power of Attorney UK
Many OPG investigations involve family disputes. A common scenario is a sibling abusing power of attorney, often by making gifts to themselves, excluding other family members from decisions, or failing to keep proper records.
Signs of a sister or brother abusing their power of attorney include:
- Refusing to share financial information with other family members
- Making large withdrawals or transfers without explanation
- Changing the donor’s will or property ownership
- Isolating the donor from other relatives
- Moving into the donor’s property without paying rent
If you suspect a sibling is misusing their power of attorney, you can report the matter to the OPG. You can also seek legal advice about applying to the Court of Protection yourself.
Abuse of Power of Attorney After Death UK
A Lasting Power of Attorney ends when the donor dies. Any transactions made by the attorney after death are unauthorised and potentially fraudulent. If you have discovered abuse of power of attorney after death, the estate’s executors can pursue a civil claim to recover the money. The police may also investigate.
The OPG does not usually investigate after the donor has died, but they may have records from earlier complaints that can support a civil or criminal case.
How Long Does an OPG Investigation Take?
OPG investigations can take anywhere from a few weeks to several months. Simple cases where the attorney cooperates and provides clear records may be resolved quickly. Complex cases involving large sums, multiple properties, or allegations of criminal conduct can take much longer.
Factors that affect timescales include: how quickly you respond to requests, whether third parties (banks, care homes) provide information promptly, and whether the case is referred to the Court of Protection or the police.
How Do You Prove Power of Attorney Abuse UK?
The OPG will look for evidence that the attorney acted outside their legal authority or failed to act in the donor’s best interests. Proof typically comes from:
- Bank statements showing unexplained withdrawals or transfers
- Property records showing sales or transfers at undervalue
- Care home records showing the donor’s needs were not being met
- Medical records showing the donor lacked capacity at relevant times
- Witness statements from family, friends, or professionals
If you are an attorney being investigated, the same evidence can help prove you acted properly. Contemporaneous notes showing your decision-making process are particularly valuable.
Punishment for Power of Attorney Abuse UK
The punishment for misuse of power of attorney ranges from removal as attorney to criminal prosecution. The most serious cases result in prison sentences.
Civil outcomes:
- Removal as attorney by the Court of Protection
- Appointment of a professional deputy at the former attorney’s expense
- Order to repay misappropriated funds to the donor or their estate
- Costs orders against the former attorney
Criminal outcomes:
- Prosecution for fraud by abuse of position (Fraud Act 2006) – maximum 10 years imprisonment
- Prosecution for theft – maximum 7 years imprisonment
- Confiscation orders under the Proceeds of Crime Act
People do go to prison for power of attorney fraud. Courts treat these cases seriously because they involve the abuse of trust and often target vulnerable adults.
Examples of Power of Attorney Abuse UK
Common examples of power of attorney abuse that lead to OPG investigations include:
- Gifts to self or family: Making gifts beyond what the LPA and the Mental Capacity Act allow
- Property occupation: Moving into the donor’s home without paying market rent
- Care decisions: Choosing cheaper care to preserve the inheritance rather than to meet the donor’s needs
- Poor record-keeping: Failing to keep accounts showing how the donor’s money was spent
- Mixing funds: Using joint accounts or treating the donor’s money as the attorney’s own
- Conflicts of interest: Selling the donor’s property to themselves or a relative at undervalue
OPG Investigation Outcomes
An OPG investigation can end in several ways:
- No further action: If the evidence shows proper conduct, the case is closed
- Informal resolution: The attorney agrees to change their behaviour or repay funds
- Court of Protection application: The OPG applies to have the attorney removed and a deputy appointed
- Police referral: Serious cases are referred for criminal investigation
The outcome depends on the evidence, the seriousness of the conduct, and how the attorney responds to the investigation.
Why People Search for Us
People find Steene Law because they are:
- Being investigated by the OPG
- Worried about OPG investigation outcomes
- Searching for “punishment for power of attorney abuse UK” or “power of attorney fraud penalties”
- Concerned about a sibling abusing power of attorney
- Looking for examples of power of attorney abuse UK
- Asking “can the public guardian investigate claims of abuse”
- Wondering how to prove misuse of power of attorney
- Dealing with abuse of power of attorney after death
- Unsure about the limits of gifting, loans, and property occupation under a lasting power of attorney
Contact Steene Law
If you have received a letter from the OPG or are concerned about a power of attorney investigation, contact us for a confidential discussion.
Call us now 0203 653 0623 or complete a Free Online Enquiry and we will tell you the next steps you need to take and how we can help you.