Steene Law acts for Attorneys and Deputies who are under investigation and need urgent advice.
- Confidential discussion
- Fast review of the letter
- Advice on reply, repayment, court risk, and criminal risk
Or request a call back
This page is for you if
- you have received a letter from the Office of the Public Guardian
- you are accused of taking money or making gifts
- you are worried about repayment
- you are worried about being removed as Attorney or Deputy
- you are worried about police involvement
- you are worried about prison
- you need advice before replying
This page is not for a complainant, a sibling trying to report abuse, or someone asking how to register a Lasting Power of Attorney. This page is for the person who is in difficulty and needs legal advice now.
What can happen after an Office of the Public Guardian investigation starts
Many people do not know what an investigation can lead to. The answer depends on the facts, the records, the sums involved, the explanation available, and what is said in reply.
Repayment demands
You may be asked to explain spending, transfers, gifts, withdrawals, or missing funds. You may face pressure to repay money.
Court of Protection action
The matter may be referred to the Court of Protection. The court can look at your conduct, your decisions, and whether you should remain in office.
Removal as Attorney or Deputy
You may face an application to remove you, restrict your authority, or put another person in your place.
Police referral and criminal proceedings
Some cases are referred to the police. In the most serious cases, there may be an interview under caution, charges, and criminal proceedings.
What should you do now?
If you have received a letter from the Office of the Public Guardian:
- keep the letter and the envelope
- note the deadline
- do not ignore it
- do not guess in your reply
- gather bank statements, invoices, receipts, accounts, and key documents
- make a timeline of important events
- take legal advice before sending a full response
A rushed or badly framed reply can make the position worse. A careful reply can matter a great deal.
How Steene Law can help
We act for Attorneys and Deputies who are under investigation. We can help you understand the risk, prepare the response, and deal with the next stage.
Review the letter and the deadline
We review what is actually alleged, what the Office of the Public Guardian is asking for, and how quickly you need to respond.
Advise what should and should not be sent
Not every point should be dealt with in the same way. We advise on what records are needed and how the explanation should be framed.
Prepare the response
We help prepare a clear response to the allegations and the requests for information.
Review bank records and explanations
We look at the movement of money, the records available, any gaps in the paperwork, and the explanations that can properly be given.
Advise on repayment and mitigation
In some cases the practical issue is how to limit the damage, deal with disputed spending, and put forward the best available mitigation.
Advise on police interview and court risk
If there is risk of police involvement or court proceedings, we advise on the position and the next steps.
Why people contact us at this stage
Many people contact us when they feel they have made mistakes and the matter is no longer routine. They may have mixed money. They may have paid themselves back without a clear record. They may have made gifts. They may have sold property and cannot now explain every figure. They may have acted informally for years and are now being asked to justify each step.
Some have already tried to respond on their own and now realise the matter is more serious than they first thought.
If that is your position, take advice before you send more material.
Examples from published cases
These are examples from published cases. Each case turns on its own facts. Past cases do not predict the outcome in another case. The table is included to show that the risk can be real.
| Case | Role / position | Amount referred to publicly | Sentence / outcome | Why it matters |
|---|---|---|---|---|
| Gary and Diane Mansell | Attorneys for elderly parents | Over £117,000 | 6 years’ imprisonment each for fraud by abuse of position and money laundering | Shows that very serious misuse of position can lead to lengthy immediate custody |
| David Eggleton | Attorney for elderly aunt | Over £600,000 | 5 years and 6 months’ imprisonment | Shows the level of risk where very large sums are involved |
| Emma Charlotte Amey | Paralegal using Lasting Powers of Attorney | About £11,500 | 20 months’ imprisonment | Shows that lower sums can still lead to prison |
| Alison Haley Griffiths | Solicitor acting under Lasting Power of Attorney | Over £85,000 | 24 months’ imprisonment | Shows the court will treat abuse of trust seriously |
| Danielle De Carpentier | Solicitor using client Lasting Power of Attorney | £7,850 | 18 months’ imprisonment | Shows that even smaller cases can still lead to custody |
Not every case leads to prison. The outcome depends on the facts, the sums involved, the records, the explanation, any repayment, the level of trust placed in the person, and what happens during the investigation.
Common questions
Should I reply to the Office of the Public Guardian myself?
You should take advice before sending a full response, especially if the allegations involve gifts, transfers, missing funds, property, cash withdrawals, or possible police involvement.
Can an Office of the Public Guardian investigation lead to the police?
Yes. Some cases can lead to police involvement. It depends on the facts, the records, the concerns raised, and what emerges during the investigation.
Can I be made to repay money?
Yes. Some cases lead to repayment demands or other financial consequences. That will depend on the facts and the route the matter takes.
Does every case lead to prison?
No. Outcomes vary. The facts, the sums involved, the records, the explanation available, and the progress of the investigation all matter.
What if I have already sent a reply?
You should still take advice. A case can often still be managed more carefully from the point you are now at.
What if I do not have complete records?
Do not guess and do not invent figures. Take advice on how the position should be explained.
What you tell us on the first call
On the first call, we usually need to know:
- whether you are the Attorney or Deputy
- when the letter arrived
- the reply deadline
- whether the donor is alive
- whether there has been any police contact
- the broad nature of the allegation
- the approximate sums in issue
- what records you have
- whether any money has already been repaid
If you have the letter, keep it next to you when you call.
Speak to Steene Law
If you have received a letter from the Office of the Public Guardian and you are worried about what happens next, contact Steene Law.
We act for Attorneys and Deputies who need urgent advice on allegations, repayment risk, court action, removal from office, and criminal risk.