Lost or Misused LPA Explained

09th January 2026

Lost or Misused LPA Explained is a guide for anyone who has already created a Lasting Power of Attorney and wants clarity on what happens next. While setting up an LPA is an important step, questions often arise later about what happens if documents go missing, how attorneys are monitored and what practical records must be kept. Understanding these points helps donors and attorneys act with confidence, stay compliant, and avoid problems in the future.

What happens if a Lasting Power of Attorney is lost or destroyed?

A registered Lasting Power of Attorney does not stop being legally valid simply because the original paper document is lost or damaged. The legal authority comes from registration with the Office of the Public Guardian, not from the physical copy itself.

If the original is lost, replacement certified copies can be obtained. The donor, if they still have mental capacity, can request official copies from the Office of the Public Guardian. Attorneys can also request copies if the donor no longer has capacity. These copies are widely accepted by banks, care providers, and other organisations.

If an unregistered LPA is lost before registration, it cannot be recovered. In that situation, a new LPA must be created and registered from scratch. This is why many people choose to register their LPA as soon as it is completed, even if they do not expect it to be used for some time.

How attorneys are held accountable in practice

Attorneys have a legal duty to act in the donor’s best interests and to follow the Mental Capacity Act 2005 and its Code of Practice. This duty is not theoretical. There are real safeguards in place.

The Office of the Public Guardian supervises attorneys and investigates concerns raised by family members, professionals, banks or care providers. If there are signs of misuse, such as unexplained withdrawals or decisions that clearly harm the donor, the OPG can demand records, restrict an attorney’s powers, or apply to the Court of Protection.

Serious breaches can lead to removal as attorney and, in some cases, criminal investigation. This oversight reassures donors that appointing an attorney does not mean giving up all protection.

What records should an attorney keep and for how long?

Good record keeping is one of the most important responsibilities an attorney has, particularly for Property and Financial Affairs LPAs.

Attorneys should keep clear records of all financial decisions, including bank statements, invoices, receipts, and notes explaining why significant decisions were made. These records should show that spending was for the donor’s benefit and aligned with their wishes.

For Health and Welfare LPAs, formal financial records are less relevant, but attorneys should still keep notes of major decisions, care arrangements and discussions with professionals, especially where there were complex choices or disagreements.

There is no fixed time limit set in law for how long records must be kept. In practice, records should be retained for the duration of the LPA and for a reasonable period afterwards, typically several years. This ensures they are available if questions are raised by the Office of the Public Guardian or the Court of Protection.

Why these responsibilities protect everyone involved

Clear rules around lost documents, accountability, and record keeping exist to protect donors, attorneys and third parties alike. They help ensure that attorneys can act decisively while remaining transparent and trusted.

At Power of Attorney Online, we guide donors and attorneys through these responsibilities from the outset. That clarity reduces risk, builds confidence, and helps families focus on what matters most, caring for each other with peace of mind.