Power of Attorney Abuse: Real Cases and the Checks That Stop It

Anyone who searches for power of attorney abuse is trying to protect someone they love.

Power of attorney abuse is a betrayal of trust. A person you chose to help you uses that power for themselves. They may spend your savings, sell your home or skip paying your care bills. In England and Wales, it can lead to prison. In March 2025, a man in Yorkshire was jailed for two years and eight months. He held his mother's lasting power of attorney. He had taken more than £60,000 of her money, partly for online gambling (BBC, 19 March 2025).

That is the short answer if you searched "power of attorney abuse". Most attorneys are honest. A power of attorney is still one of the best papers you can make. This page shows how abuse happens and how it gets caught. It also shows simple checks to build in from the start.

What a power of attorney is

A power of attorney is a legal paper. In it, you name someone to make decisions for you. In England and Wales, the main kind is a lasting power of attorney, or LPA. There are two types. One covers your money and property. The other covers your health and care.

The person who makes the LPA is called the "donor". The person they choose is the "attorney". The attorney does not need to be a lawyer.

Think of it like giving a spare key to your house. It is wise to have one. But you should know who holds it, and someone should notice if things go missing.

What an attorney must do

The law sets clear duties. GOV.UK lists them (GOV.UK, Manage a lasting power of attorney). An attorney must:

• act in the donor's best interests, and help them decide for themselves where possible;
• follow any instructions the donor wrote in the LPA;
• keep the donor's money separate from their own, unless they already share an account;
• keep records of what they do;
• give the Office of the Public Guardian (OPG) information, if asked.

An attorney must not "use your position to benefit yourself", GOV.UK says.

Case 1: a son, his mother and a care home

Jonathan Brook lived in Holmfirth, West Yorkshire. He held his mother's LPA because she could not manage her money. The BBC reported what Leeds Crown Court heard (BBC, 19 March 2025).

He used her money "for his own interests". He did not pay her care home fees. He sold her home and moved "a large proportion" of the money to himself. Much of it went on online gambling. The fraud ran from April 2019 to October 2022.

How was it caught? The court heard that the OPG had revoked his LPA. It was worried about how he handled her money. That alert led to a criminal investigation by a West Yorkshire team on financial abuse. Kirklees Council then brought the prosecution.

Brook pleaded guilty to fraud by abuse of position. He was jailed for two years and eight months.

"Jonathan Brook was in a significant position of trust and he abused that position," said Linda Davis of West Yorkshire Trading Standards. He left his mother "unable to fund her own care".

Notice the order of events. First, unpaid care home bills. Then a concern. Then the OPG stepped in. Unpaid bills are often the first visible sign.

Case 2: a professional with too many roles

Abuse is not only a family problem. Keith Webber was a will writer in Somerset. He acted as executor and power of attorney for four elderly clients. In February 2014 he was jailed for five years for fraud and theft. A court later found he had benefited by £362,977 (BBC, 7 February 2014).

His case shows a pattern. He wrote the wills, held the power of attorney and acted as executor. One person held every key. We tell his full story in Will Writing Scams: The Unregulated Will Writers Who Stole.

The common tricks

The US Department of Justice describes the main forms of power of attorney abuse (DOJ Elder Justice Initiative, updated 9 June 2026). The same patterns appear in UK cases.

• Spending on themselves. The attorney uses the money for their own needs, not the donor's.
• Gifts the paper does not allow. The attorney "gives" money to themselves or their family.
• Selling the home. The house is sold, and the money does not reach the donor.
• Not paying the bills. Care fees, rent or bills go unpaid while money leaves the account.
• Forgery. The paper itself is forged, or signed by someone who did not understand it.

In England and Wales, GOV.UK says the rules on gifts are strict. Unless the LPA says otherwise, gifts are allowed only on normal occasions, like birthdays. They can also give to a charity the donor would not object to. Other gifts need the Court of Protection's approval. That includes interest-free loans, and letting someone live in the home below market rent. If an attorney is moving large sums to themselves, ask questions.

Why abuse can go on for years

An LPA gives one person a lot of trust.

The OPG and the Court of Protection can check an attorney's decisions, GOV.UK says. They can visit, and contact the donor's family, bank or care workers. They can investigate, and stop an attorney acting. But someone usually has to notice a problem first.

And concerns are rising. In its annual report for 2025 to 2026, the OPG said it saw "an increase of 17% in concerns being raised with OPG". It also missed its target to finish investigations within 70 working days (OPG annual report, 2025 to 2026).

Part of the rise may simply be scale. By October 2025, more than 10 million powers of attorney were on its register. More papers mean more concerns, even if most attorneys act well.

Families have criticised these investigations. In August 2026, The Times reported on families who called them "toothless" after a parent's savings were taken by someone close (The Times, 29 August 2026).

What is changing

The Powers of Attorney Act 2023 received Royal Assent in September 2023. The Ministry of Justice said it would move the paper process online. It also said it would "strengthen existing fraud protection by allowing checks on the identity" of people applying for an LPA (Ministry of Justice, 19 September 2023).

In its 2025 to 2026 report, the OPG said this work was still going on. It also launched a digital "Raise a Concern" service in October 2025. By the time of the report, it had received over 1,200 submissions.

Six warning signs

You may be a son, a daughter, a neighbour or a friend. You do not need to be the attorney to notice something is wrong.

1. Care fees or bills go unpaid, while the person had savings.
2. The home is sold or emptied with little explanation.
3. The attorney refuses to show records, or gets angry when asked.
4. The person is cut off. Visits and calls become hard to arrange.
5. Large "gifts" or transfers go to the attorney or their family.
6. The person seems afraid to talk about money, or does not know where it went.

None of these proves abuse. But each is a reason to ask questions.

How to report a concern

In England and Wales, contact the Office of the Public Guardian (GOV.UK, Report a concern).

• Anyone can report: family, friends, care workers, bank staff or the public.
• You can report online, by email, by phone or by post.
• The OPG "will not tell the attorney, deputy or guardian where the report has come from".
• Give dates, amounts and examples if you have them. You can still report without them.

The OPG can only investigate when the donor lacks capacity to deal with it. It may take legal action or apply to the Court of Protection.

Not sure if someone even has an attorney? You can ask the OPG to search its registers. It is free, and it usually replies within 5 working days (GOV.UK).

If someone is in danger now, call the police.

In the United States, the Department of Justice suggests reporting it. Tell adult protective services and the police. A lawyer can cancel the power of attorney. Or they can ask a court to order an accounting.

Build the checks in from the start

You can make an LPA much safer while you write it. Here is how.

1. Choose for honesty, not closeness. The kindest relative is not always the best with money. Ask yourself: who is organised, open and steady?

2. Name more than one attorney. You can say that they must agree on big decisions. GOV.UK gives an example: attorneys must all agree to sell the donor's home, but can make other decisions alone.

3. Add instructions. You can write instructions into the LPA. For example, you might ask your attorney to send yearly statements to a named person. Get advice on the wording, so it can be followed.

4. Split the jobs. Try not to give one person every role. Your attorney does not also have to be your executor and your will writer.

5. Tell people. Let your family, your bank and your doctor know who your attorney is. Abuse grows in secret. It shrinks when others are watching.

6. Use the free guides. In the US, the CFPB, a government agency, has free guides for attorneys (CFPB). They explain the duties in plain English. Give a copy to the person you choose.

Want to know what an LPA costs? Our guide lasting power of attorney cost in the UK explains the fees. For the US, see medical vs durable power of attorney.

Why you should still make one

These cases may make you want to skip a power of attorney. Please don't.

Without one, a court may have to appoint someone for you. In England and Wales, that is a deputy. In the US, it can be a guardian. That process can be slow and costly. And you do not choose the person. Read I Care a Lot True Story: April Parks and Guardianship Abuse to see how badly that can go.

Choosing your own attorney, with checks, keeps the decision in your hands.

The honest lesson

We all hope to stay well to the very end. Many of us won't. Preparing for that day is not giving up. It is a gift to the people who will care for you.

Our free planning papers checker shows what each planning paper is called in your country. Our free end-of-life readiness check shows which papers you have and which are missing. If you want worksheets, try the Complete Planning Library. It has a sheet to record your decision-makers and where your papers are. It costs $39, once, with a 30-day refund. It is for people who are ready to get their wishes written down.