The total number of complaints about alleged financial misconduct by attorneys acting under a Lasting Power of Attorney (LPA) has increased to record levels say TWM Solicitors after it obtained figures from the Ministry of Justice (MoJ) showing a near 25% increase over the past two years.
The figures from the MoJ showed the total number of complaints for financial misconduct has increased to 11,910 in the year to 31 March 2026, up from 10,240 in the previous 12 months and 9,538 in the year before that. Despite the record number of complaints, just 263 LPAs had their authority revoked or partially revoked by the Court of Protection during the year.
Commenting on the figures Stuart Downey, Partner and Head of Will Trust and Estate Disputes at TWM, said: “An attorney under a Lasting Power of Attorney does not need to have professional qualifications or specialist experience in managing someone else’s finances. They are, however, taking on a significant responsibility and must act in the donor’s best interests and follow the legal duties that apply to them. The record number of complaints about financial misconduct is concerning, particularly where the donor is elderly or otherwise vulnerable. An LPA gives an attorney considerable authority over another person’s affairs, so there needs to be confidence that appropriate safeguards are available when that authority is abused.
Downey said examples he saw in practice of financial misconduct by attorneys included unexplained bank withdrawals and large transfers of cash or assets to the attorney; sale of property, particularly for cash or for less than market value,; restricting contact with friends and family; and mismanagement of finances.
The issue has hit the news in recent days following the allegations surrounding the explorer Sir Ranulph Fiennes whose whereabouts has been subject to much speculation after a national newspaper revealed he had been moved around in various care homes under assumed identities by his wife, in her role as his attorney. While the Office of the Public Guardian initially declined multiple requests to intervene, Cheshire Police have stated that no immediate safeguarding concerns have been identified and that his current settings are appropriate, though family members like his stepson continue legal and fundraising efforts.
