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Record keeping
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A simple record keeping checklist for LPA attorneys

A printable, practical checklist covering every type of record an attorney should keep, from decisions and capacity notes to financial accounts and documents.

Good record keeping as a Lasting Power of Attorney attorney does not need to be complicated. It needs to be consistent. This checklist covers everything you should be keeping, why it matters, and a simple action for each category.

Use this as a starting point when you first take on the role, and as a reference to check against periodically. No single item here is difficult. The challenge, for most attorneys, is doing all of them consistently over time.

Decisions

Applies to both Property and Financial Affairs and Health and Welfare LPAs

  • A record of every significant decision, dated at the time it was made
  • The reasoning behind the decision: why this option and not another
  • Alternatives you considered and why they were not chosen
  • How the decision reflects the donor’s known wishes, beliefs and values
  • Who you consulted before making the decision
  • Whether the donor had capacity to participate and, if so, how they were involved
  • Any time pressures or exceptional circumstances that affected the decision

Capacity observations

Important for both types of LPA, especially when capacity is fluctuating

  • Regular observations of the donor’s mental capacity, particularly around significant decisions
  • The date and context of each capacity observation
  • Whether the donor appeared to understand, retain, weigh, and communicate about the decision in question
  • Any change in capacity over time, particularly for conditions like dementia
  • Notes from medical or professional capacity assessments, where applicable

Financial records

Property and Financial Affairs LPA only

  • Monthly bank statements for all accounts in the donor’s name
  • Receipts and invoices for significant expenditure
  • Records of all income: pension payments, benefits, rental income, interest
  • A log of transactions with brief descriptions of what each was for
  • Annual accounts in or equivalent to OPG PA11 format
  • Investment statements if the donor holds savings or investment products
  • Records of any gifts made, including amounts, recipients and your reasoning
  • Property-related documentation if managing or selling property on their behalf

Key documents

  • A copy of the registered LPA, with the OPG reference number and registration date
  • Medical letters, care assessment reports and professional advice relied upon
  • Correspondence from care providers, health professionals and social workers
  • Local authority care assessment documents
  • Any Court of Protection orders relevant to the LPA
  • Insurance policies held by the donor
  • The donor’s will and details of their estate, if relevant to financial management

Communications

  • Brief notes of significant conversations with family members about the donor’s care or finances
  • Records of any concerns raised by third parties and how you responded
  • Correspondence with the OPG, if any
  • Notes of significant conversations with the donor, particularly regarding their wishes

A practical approach

Rather than trying to maintain separate paper files, a spreadsheet and a scanner, and a notebook all at once, most attorneys find it easier to keep everything in one place. Whether that is a dedicated folder with clearly labelled subfolders, a digital system, or a purpose-built tool like Wardly, consistency matters far more than the format. The key is that when you make a decision, you record it immediately, not at the end of the week.

Ongoing habits

  • Record decisions promptly, ideally the same day or within 48 hours
  • Reconcile financial records monthly
  • Conduct a capacity and welfare review at least quarterly
  • Produce annual accounts at the end of each financial year
  • Review the LPA document itself periodically to ensure you are still acting within its scope
  • Keep everything for at least seven years after the LPA ends

The records you keep as an attorney are not bureaucracy for their own sake. They are the evidence that you acted properly, thoughtfully and in the donor’s interests. Most attorneys who face OPG scrutiny wish they had started keeping better records much earlier.

What good records achieve

Beyond protecting you from complaints and investigations, good records serve several practical purposes:

  • They help you make better decisions, because the process of writing down your reasoning clarifies your thinking
  • They make it easier to brief professionals, such as solicitors or GPs, about the donor’s history
  • They reduce family conflict, because you can show clearly what decisions were made and why
  • They make transition easier if another attorney ever needs to step in
  • They support the donor’s dignity by showing that their wishes were genuinely considered

Tick every box, automatically

Wardly’s prompts walk you through every element of a compliant decision record: reasoning, alternatives, consultation, capacity. Nothing gets missed.

Start your free log

Frequently asked questions

Do I need to complete every item on this checklist immediately?

Start with what applies to your situation right now. If you have not been keeping records, begin from today. Log your next significant decision properly, get your financial records up to date, and build the habit from there. Perfection from day one is not the goal. Consistent improvement is.

How should I store these records?

Securely and in a way that is accessible when needed. Physical documents should be kept in a lockable filing system. Digital records should be backed up and protected. The OPG does not specify a format, but anything that can be easily lost, damaged or altered offers weaker protection.

Is there a recommended format for decision records?

There is no prescribed format, but a good decision record covers: the decision itself, the date, the alternatives considered, the reasoning, the people consulted, and any capacity assessment. Tools like Wardly structure this automatically.

What if the donor has both a Property and Financial Affairs and a Health and Welfare LPA?

The checklists above apply to both. For a Property and Financial Affairs LPA, financial records are particularly important. For a Health and Welfare LPA, capacity observations and decision reasoning around medical and welfare matters take priority. Where both apply, keep separate records for each domain.

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