Short answer
Prepare the LPA or EPA, donor assets and income records, bank statements, receipts, disputed payments, best-interests notes, OPG correspondence and any Court of Protection papers.
Quick checklist
Start with these
Best order
How to organise the first pack
- Put the authority document and disputed period first.
- Create a neutral transaction schedule with source documents.
- Separate missing-record concerns from alleged misuse.
- Flag OPG, safeguarding and court deadlines.
Identify The Attorney's Authority
Start with the registered lasting power of attorney, enduring power of attorney or proof of authority. Explain whether the enquiry comes from an attorney, donor, deputy, beneficiary, family member, care provider or person responding to an OPG concern.
The first review should separate what the attorney was authorised to do from what is disputed. Include any restrictions, preferences, instructions, joint-attorney arrangements and evidence about when the donor had or lacked capacity for the decisions in question.
- Registered LPA, EPA, access code, certified copy or Court of Protection order.
- Bank, savings, property, pension, benefit and income records.
- Receipts, invoices, care costs, gifts, expenses and transfer records.
- Best-interests notes and records of who was consulted.
- Requests for accounts, attorney responses and family correspondence.
- OPG investigation, safeguarding or Court of Protection papers.
Separate Accounts From Allegations
A barrister may need to consider whether records are missing, whether donor money was kept separate, whether spending was authorised, whether expenses or gifts were justified and whether OPG or Court of Protection action is already under way.
Avoid sending only a list of concerns. A neutral transaction schedule, bank statements and supporting documents usually make the issue easier to scope.
What A Barrister May Be Asked To Do
A focused request may ask for advice on evidence, correspondence, OPG response, Court of Protection application material, written submissions or hearing preparation where Direct Access is suitable.
Some matters need solicitor support for urgent safeguarding steps, issuing applications, service, disclosure, deputyship administration or ongoing litigation conduct.
Avoid delays
What not to send first
- Sending allegations without bank records.
- Omitting the LPA, EPA or attorney restrictions.
- Mixing donor and attorney finances in the evidence summary.
- Leaving out OPG or Court of Protection correspondence.
Source note: source-checked against GOV.UK attorney records and duties guidance, property and financial affairs attorney guidance and enduring power of attorney duties guidance on 24 September 2026. Best interests, capacity, authority, gifts, expenses, safeguarding, OPG investigation and Court of Protection issues need specialist review.
Claim and official-source ledger
- GOV.UK enduring power of attorney guidance says attorneys must keep accounts of the donor's assets, income, spending and outgoings, and that OPG and the Court of Protection can ask to check them.
- Enduring power of attorney: acting as an attorney - Your duties — GOV.UK / Office of the Public Guardian; checked .
- GOV.UK guidance says attorneys should keep records of important decisions, and property and financial affairs attorneys should keep records of the donor's assets, income and spending.
- Manage a lasting power of attorney: Attorney records and duties — GOV.UK / Office of the Public Guardian; checked .
- GOV.UK guidance for property and financial affairs attorneys says the donor's finances must be kept separate from the attorney's own finances unless there is already a joint account or jointly owned home.
- Manage a lasting power of attorney: Property and financial affairs attorneys — GOV.UK / Office of the Public Guardian; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Attorney Accounting Records Barrister Evidence Guide FAQs
What records should an attorney keep?
GOV.UK guidance says attorneys should keep records of important decisions, and property and financial affairs attorneys should keep records of the donor's assets, income and spending.
Can OPG or the Court of Protection check decisions?
GOV.UK guidance says the Office of the Public Guardian and the Court of Protection can check an attorney's decisions.
What should a concerned family member send first?
Send the LPA or EPA if available, bank statements, disputed transactions, requests for information, responses, OPG correspondence and any evidence about the donor's needs or capacity.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
