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How to report your concerns about an attorney or deputy

Attorneys and deputies can be appointed to make decisions for someone when they are unable to do so for themselves. If you are concerned about an attorney or deputy, you should contact the Compliance and Regulation Unit of the Office of the Public Guardian. The Office of the Public Guardian has a responsibility to make sure attorney and deputies are acting for someone else properly.

There is a phone line for reporting concerns: 0115 934 2777.

Concerns about a deputy can also be raised during the application. Close friends and family of the person who requires a deputy will be contacted and told of the deputy’s appointment. They will then be able to make their objections if they have any.

For an Enduring Power of Attorney, close relatives can raise objections if they have any.

For a Lasting Power of Attorney, people named on the forms to be notified of the application can raise objections.

• Objecting to the registration of Lasting Power of Attorney

• Office of the Public Guardian - contact details

How the decisions of attorneys and deputies can cause concern

Issues you might be concerned about with a deputy or an attorney can include:

• misuse of money or other financial matters
• not acting in the person’s best interest
• making bad decisions that affect the person they are responsible for
• criminal activity

If you believe that a deputy or attorney is physically or sexually abusing someone they are responsible for, contact the police immediately by calling 999.

If the person is not in immediate danger but the attorney or deputy has committed a criminal offence, contact your local police force.

• Find a police force, neighbourhood policing team or police authority

How deputies and attorneys are investigated

The Office of the Public Guardian can investigate the actions of a deputy or attorney. They can also refer concerns to other organisations, such as the police or a local authority.

The Office of the Public Guardian will make sure it is informed of any progress made by another organisation’s investigation.

The Office of the Public Guardian can also apply to the Court of Protection if it needs to take action against the attorney or deputy. The Court of Protection can make decisions for people who are unable to do so for themselves. They can also appoint someone else to make those decisions.

• The Office of the Public Guardian and the registers of attorneys and deputies

• The Court of Protection and how it appoints deputies

Actions that can be taken against an attorney or deputy

There are various actions the Office of the Public Guardian can take against an attorney or deputy if it needs to. These can include:

• ordering a report from a Court of Protection visitor, a local or authority or NHS group
• giving further instructions to the attorney or deputy about how they should be exercising their powers and responsibilities
• instructing an attorney or deputy to give a report or account of the situation

Actions the Court of Protection can take include:

• removing the deputy or attorney from their role and appointing someone else as deputy if necessary
• suspending an attorney or deputy

You can find out more information about how a deputy’s responsibilities can be cancelled.

• Cancelling or ending a deputy's responsibilities