Question 1

Do I need to keep records as an attorney under a Lasting Power of Attorney?

Accepted Answer

Yes. As an attorney under a Lasting Power of Attorney (LPA), you have a legal duty to keep records of significant decisions you make on the donor's behalf. The Office of the Public Guardian (OPG) can request to see your records at any time, and you must be able to demonstrate that every decision was made in the donor's best interests under the Mental Capacity Act 2005.

Question 2

What records does an LPA attorney need to keep?

Accepted Answer

Attorneys should keep records of: every significant decision made on behalf of the donor; the best interests reasoning behind each decision; alternatives that were considered and rejected; who was consulted (family, doctors, social workers); and any relevant financial transactions. For property and financial LPAs, you must also keep accounts showing income and expenditure.

Question 3

What is best interests decision-making under the Mental Capacity Act?

Accepted Answer

Section 4 of the Mental Capacity Act 2005 requires attorneys to make decisions in the donor's best interests. This means considering what the donor would have wanted, involving them as much as possible, consulting relevant family members and professionals, and always choosing the least restrictive option. You must be able to document this reasoning for each significant decision — that is exactly what Wardly helps you do.

Question 4

What happens if an LPA attorney does not keep records?

Accepted Answer

If you fail to keep adequate records, the OPG can investigate you, restrict your powers as attorney, or apply to the Court of Protection to have you removed. In serious cases, misuse of an LPA — even through poor record-keeping rather than deliberate dishonesty — can be treated as financial or welfare abuse. Good records are your best protection.

Question 5

Can I use AI to help write LPA decision records?

Accepted Answer

Yes. AI can help you turn rough notes into clearly written, compliant decision records. Wardly uses AI to structure your notes into a properly formatted best interests record that addresses the requirements of the Mental Capacity Act 2005. You review and approve everything before anything is saved — the final record is always yours.

Question 6

How long do I need to keep LPA records?

Accepted Answer

There is no fixed statutory period, but it is strongly recommended to keep LPA records for at least seven years after the LPA ends — whether because the donor has passed away, the LPA has been revoked, or your role as attorney has ended. The OPG can investigate complaints and conduct compliance visits throughout that period.

Question 7

What is the OPG and what powers does it have?

Accepted Answer

The Office of the Public Guardian (OPG) is the government body in England and Wales that supervises attorneys and deputies. It can investigate complaints about how an attorney is acting, conduct compliance visits, request to see records and accounts, and refer cases to the Court of Protection. Thorough, dated, tamper-evident records are your strongest defence if the OPG ever contacts you.

Question 8

Is Wardly suitable for both types of LPA?

Accepted Answer

Yes. Wardly supports both Property & Financial Affairs LPAs and Health & Welfare LPAs. Each type has its own decision categories, and the financial module includes income and expense tracking with annual accounts in the OPG PA11 format — specifically for property and financial attorneys.

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