Misuse of Power Solicitors

Whilst the vast majority of Deputies act with integrity, it’s not uncommon for a Deputy to abuse their power. The role of Deputy is built entirely on trust, yet we’ve all heard stories of unscrupulous friends and family who have acted less than honestly. If you believe that a Deputy has misused their power, our solicitors are here to help.

What counts as misuse or abuse of power?

Often the abuse or misuse of power is for the Deputy’s own financial gain. However, you can also challenge the conduct of Deputies if you suspect that they are:

  • Preventing you from seeing your loved one
  • Failing to pay bills
  • Making loan or credit applications in your loved one’s name
  • Making excessive gifts to other people
  • Not involving your loved one in decisions about their care

A property and affairs Deputy will likely have the ability to give gifts on behalf of the vulnerable person. These might be for Christmas or birthdays, however, they have to be reasonable, proportionate and consistent with the value of gifts given prior to your loved one losing capacity.

If you notice a Deputy going beyond these powers to make considerable gifts, either to themselves or someone else, it’s important to speak to a specialist Court of Protection solicitor as soon as possible.

Be vigilant and report your concerns

It’s primarily the Court of Protection’s responsibility to ensure that the needs of vulnerable people are protected. However, it’s often the friends and relatives of the loved one who are first to identify a misuse of power.

If you suspect that a Deputy is misusing their power or you’re concerned that they’re not acting in your loved one’s best interests, you can apply to the Court of Protection to replace them.

Our specialist misuse of power solicitors have experience with this situation and will investigate your concerns quickly. If we support them, we’ll help you make an immediate application to the Court of Protection.

What can I do if I suspect someone is misusing my relative’s money?

If the person you suspect is a deputy or has Lasting Power of Attorney, the Office of the Public Guardian must be informed. They’re responsible for the supervision of deputies and attorneys.

If the deputy or attorney isn’t acting in the best interests of the person they’re responsible for, you can apply to the Court of Protection to replace them. We have experience of this situation, so contact our specialist deputy lawyers for advice.

Contact our misuse of power solicitors in Bristol and South Gloucestershire

Any concerns reported to our misuse of power solicitors will be confidential and won’t be reported to the Deputies.

Our Court of Protection solicitors work with clients across the UK from our offices in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. To speak to us about a possible misuse or abuse of power, call 0117 325 2929 or complete our online enquiry form.


    How can we help you?

    We’re here to help. Please fill in the form and we’ll get back to you as soon as we can. Or call us on 0117 325 2929.

    • “I was struggling to understand the Lasting Power of Attorney process online, and John explained every step and was very patient in answering all my questions, for which I am very grateful.”

      AnonCourt of Protection Client
    • "I would like to convey my sincere thanks for the prompt attention we have received."
      AnonCourt of Protection Client