A son who used his mother’s money while acting as her attorney has been ordered to pay over £207,000. He took £112,001.38 over five years. The criminal sentence was suspended — but the financial consequences were not.
This case shows what can happen when the use of a power of attorney is examined. If you are facing an OPG investigation, you need expert legal advice now.
What happened in this case?
Robert Catlow held Lasting Power of Attorney for his elderly mother. She lived in a care home due to multiple health conditions and could not manage her own finances.
Concerns were raised in May 2021. They found Catlow had been using his mother’s funds for his own purposes over five years. He had moved into his parents’ mortgage-free home. He used his mother’s money to pay his own household bills and run his business. He lied to authorities about his mother’s financial situation and failed to engage with financial processes.
He eventually admitted to the care home that he had been using her funds.
While draining her savings, he failed to visit her. He did not provide toiletries or other items she needed. The care home had to rely on donations.
The Office of the Public Guardian (OPG) conducted an investigation and revoked his Lasting Power of Attorney.
The first court outcome
Catlow maintained a not guilty plea throughout, until 4 March 2024, when he finally admitted fraud by abuse of position under Section 4 of the Fraud Act 2006.
He received a two-year suspended sentence.
The second court outcome
In January 2026, the local authority brought a Proceeds of Crime Act application. The court ordered him to pay over £207,000.
A suspended sentence did not mean walking away. The financial reckoning came later.
Why this case matters if you are being investigated
This case did not start with police at the door. It started with the 27 page letter
All OPG investigations begin the same way. The OPG sends the same 27 page letter asking you to explain your actions.
If you have received an OPG investigation letter, you are already in a process that could lead to:
- Your LPA being revoked
- Referral to police or Trading Standards
- Criminal prosecution
- Prison
- Proceeds of Crime Act confiscation orders
- Orders to repay money — potentially more than you took
The punishment for power of attorney abuse in the UK goes beyond the criminal sentence. Confiscation orders can strip away assets years after the original events.
How power of attorney investigations start
The OPG investigates when they receive information suggesting an attorney may not be acting in the donor’s best interests.
Common triggers:
- Unpaid care home fees
- Complaints from family members
- Reports from banks
- Concerns raised by care providers or social workers
- Local authority safeguarding enquiries
An investigation can also begin through a deprivation of assets enquiry. If a local authority believes assets have been moved to avoid paying for care, they will investigate. This can overlap with questions about how an attorney has managed finances.
What Is Deprivation of Assets?
Deprivation of assets occurs when someone deliberately reduces their assets to avoid paying for care. Local authorities can treat those assets as if they still exist when calculating what someone should pay.
If you acted as attorney and transferred property, made gifts, or moved money out of the donor’s name, the local authority may argue this was deliberate deprivation. They can:
- Assess the donor as if the assets were never transferred
- Pursue the recipient of the assets for payment
- Refer the matter to Trading Standards or police
The deprivation of assets rules have no fixed time limit. The “7 year rule” people mention relates to inheritance tax, not care funding. Local authorities can look back as far as they consider relevant.
If you are facing questions about both your conduct as an attorney and possible deprivation of assets, the stakes are high. These enquiries can run together. What starts as a financial assessment dispute can become a criminal investigation.
Cases that lead to prosecution often involve:
- Using the donor’s money for personal expenses, mortgages, or business costs
- Moving into the donor’s property and using their funds to maintain it
- Failing to pay for the donor’s care needs
- Lying to authorities about the donor’s financial situation
- Not visiting the donor or providing for their personal needs
Some attorneys genuinely believe they are entitled to the money. They think the donor would have wanted them to have it. They see it as early inheritance.
None of these beliefs provide a defence. An attorney must act in the donor’s best interests, not their own. Taking money without proper authority is abuse of position, regardless of intent.
Are You Being Investigated by the OPG?
If you have received an OPG investigation letter, you need to take it seriously. The questions they ask are designed to identify whether you have breached your duties.
Many people try to answer these questions themselves. They think honesty is the best policy.
This is risky. Without legal advice, you may:
- Admit to conduct you did not realise was unlawful
- Provide information that supports a criminal referral
- Fail to explain legitimate transactions properly
- Make your position worse, not better
The OPG is not on your side. They are investigating you. Their job is to protect the donor, not to help you.
Why You Need Expert Legal Advice Now
At Steene Law, we represent attorneys and deputies under investigation by the Office of the Public Guardian. This is what we do.
We understand how these investigations work. We know what the OPG is looking for. We can help you respond in a way that protects your position.
Our clients say:
“My father and I were subject to an OPG investigation that came out of the blue. A quick google search and I found David at Steene Law. His calming tone, reassurance and professional help throughout the whole investigation was nothing short of perfection.”
“They guided me through a complex process to a completely successful outcome. It is clear that both David and Dianne have a depth and breadth of understanding in mental capacity law and are prepared to go that extra mile.”
Check our Google reviews. Our clients trust us because we get results.
What We Can Help With
- Responding to OPG investigation letters
- Defending against allegations of LPA abuse
- Deprivation of assets disputes with local authorities
- Court of Protection proceedings
- Communications with Trading Standards and police
- Advice on gifts and transactions before problems arise
Do not wait until you are charged. The earlier you get advice, the more options you have.
Call Us Now
If you are facing an OPG investigation, a local authority enquiry about care funding, or questions about your conduct as an attorney, we can help.
Call 0203 653 0623 for a free initial conversation.
We will tell you where you stand and what you can do about it.
Steene Law specialises in elderly care law, OPG investigations, and care funding disputes. Dianne and David have in excess of 80 years of legal experience.