Unexpected withdrawals, unpaid care bills or a sudden change in access to an older relative can leave a family deeply worried. If someone is acting under a Lasting Power of Attorney, or LPA, relatives may assume that the appointment gives that person unlimited control. It does not.
At the same time, suspicion is not proof of misuse. A large payment may have a legitimate care-related explanation, and a decision the family dislikes may still reflect the donor’s wishes. The practical task is to identify the concern, preserve reliable information and use the appropriate safeguarding or legal route.
Start with the donor’s needs and immediate situation
The donor is the person who made the LPA; the donee is the person appointed to make specified decisions when the legal conditions are met. Focus first on whether the donor has access to food, medication, care and a safe place to live. A disagreement over financial reporting should not distract from an urgent welfare problem.
If there is immediate danger or a suspected crime requiring urgent assistance, contact the appropriate emergency or police service. For a non-emergency financial concern, make a factual record of what is happening and why it matters to the donor. Avoid confronting someone in a way that could increase risk to the person you want to protect.
Write down the practical problem in one sentence. For example, “The care provider has issued three unpaid invoices although funds were available last month.” This is more useful than beginning with a conclusion that another family member is stealing an inheritance.
Check what the LPA actually authorises
An LPA may concern personal welfare, property and affairs, or both. The document can contain restrictions and specify how multiple donees must act. You need to examine the actual registered instrument rather than rely on a relative’s description of their powers.
MSF’s guidance on using an LPA is the starting point for the official framework. If you have lawful access to a copy, identify the donees, any replacement arrangements and the relevant powers. Where you cannot access it, ask an adviser how to establish the position through proper channels.
Our guide to making an LPA in Singapore explains the basic structure. However, having a valid LPA and using a particular power properly are separate questions. Registration does not mean that every later transaction is necessarily authorised or appropriate.
Distinguish capacity from family disagreement
The Mental Capacity Act provides the governing principles, including the presumption of capacity and decision-making in the person’s best interests where capacity is lacking. An unwise decision alone does not establish incapacity. Capacity also needs to be considered in relation to the relevant decision and circumstances.
This distinction is important when a donor still participates in financial decisions. Relatives may disagree with spending without having a legal basis to take control. Conversely, an explanation that “Mum agreed” may need closer assessment if there are genuine concerns about her ability to understand the particular transaction.
Do not pressure the donor to sign a statement supporting one side of the family dispute. Record their expressed wishes sensitively and seek suitable professional assessment where needed. The objective is to protect their autonomy and welfare, not replace their preferences with the majority view of relatives.
Identify the transactions that need an explanation
Prepare a list of specific concerns with dates, amounts and the source of your information. Separate direct observations from what someone else told you. If the concern is a bank withdrawal, state how you know it occurred. If it is an unpaid bill, retain the invoice and any reminder from the provider.
Possible concerns include unexplained transfers to the donee, disposal of assets without a clear account, essential expenses left unpaid or inconsistent explanations of where money has gone. None should be treated as conclusive in isolation. What matters is whether the transaction can be explained within the donee’s authority and responsibilities.
A simple schedule can include the date, transaction, amount, available evidence and unanswered question. This gives an adviser or investigator a usable starting point. It also prevents an old disagreement about family relationships from overwhelming the evidence of the current concern.
Preserve records lawfully and accurately
Keep original messages, invoices and documents you already have legitimate access to. Record who supplied each document and when. Avoid editing screenshots in a way that removes context, and retain complete conversations where relevant. Our guide to preserving digital evidence for a lawyer explains why originals and chronology matter.
Do not log into the donor’s or donee’s account using credentials you are not authorised to use. A family relationship does not automatically entitle you to bank records. If further disclosure is needed, ask about the proper legal or institutional route rather than attempting to obtain it covertly.
Also record material that may explain the payment. A transfer that initially looks personal might be reimbursement of documented care expenses. Presenting both the concern and the possible explanation makes the assessment more reliable and avoids overstating the case.
Ask focused questions where it is safe to do so
A calm request can sometimes resolve a misunderstanding. Ask what a particular transaction was for and whether a supporting receipt is available. Keep the request connected to the donor’s needs rather than demanding access to every aspect of the donee’s personal finances.
For example, ask how the next three months of care will be funded and why a named invoice remains unpaid. If there are multiple donees, check the appointment terms before assuming that one can direct another. Do not promise that a particular relative has an automatic right to a full account without first establishing the legal position.
If the response is evasive, threatening or suggests money may be moved urgently, obtain advice promptly. Repeated informal requests may be inappropriate where they could alert someone to destroy evidence or increase pressure on the donor. The right approach depends on the risk and available facts.
Use the Office of the Public Guardian’s safeguarding route
The Office of the Public Guardian, or OPG, has a role in safeguarding people who lack capacity, including concerns involving appointed decision-makers. MSF’s information on protecting vulnerable persons provides the relevant reporting direction. Use the official channel and describe the alleged conduct without embellishment.
A useful report identifies the donor, the person acting, your relationship to the donor, the concern and any immediate risk. Attach or identify supporting material where the process permits. Explain what you do not know as well as what you can substantiate.
Reporting a concern does not itself cancel an LPA, freeze an account or prove wrongdoing. Ask what further information is needed and retain the reference. If you believe urgent protective action is required, tell the adviser or agency clearly rather than assuming it will be apparent from a long narrative.
Consider whether court advice is needed
A lawyer can assess the powers available under the Mental Capacity Act and whether a court application is appropriate. Possible issues include the scope of a donee’s authority, protective directions and whether the appointment should continue. The correct application depends on the evidence and who is entitled to bring it.
If a different decision-maker may be needed, our explanation of deputyship in Singapore offers background. Do not assume that a concerned child automatically becomes the substitute donee. Any replacement or court appointment must follow the applicable document and legal process.
For the first consultation, bring the LPA if available, a chronology, transaction schedule and information about the donor’s current care. Ask the lawyer to distinguish immediate protective steps from longer-term recovery or accounting issues. Clear priorities can reduce duplication and keep the donor’s welfare at the centre of the response.
This article provides general information. Concerns about capacity, authority or financial misuse require assessment of the particular facts.
Frequently Asked Questions
Can the donor revoke the LPA while they still have capacity?
Yes, provided the donor has the necessary mental capacity to do so and follows the required process. The official LPA revocation guidance explains the steps, including notifying donees and OPG. A family member should not submit a revocation as if they were the donor.
Can a donee use the LPA to write or change the donor’s will?
An LPA does not give a donee general authority to make or rewrite the donor’s will. Will-making raises separate capacity and legal requirements. If someone presents a new will supposedly signed or authorised through an LPA, obtain advice on the document and the circumstances rather than assuming the LPA validates it.
Does the donee continue managing the estate after the donor dies?
The LPA does not provide continuing authority to administer the deceased donor’s estate. Estate administration follows the applicable succession and probate framework. The same individual might separately be an executor or administrator, but that is a different legal role with its own requirements.
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About the Author: Randy Alta
