Most deputies and attorneys do a sound job for someone they love. Questions tend to arrive later, when a bank, a sibling or the Office of the Public Guardian (OPG) asks about a decision made months or years ago and all you’ve got to go on is memory.
I’ve looked at parts of this before. What Are Professional Deputies Actually Expected To Do? covers the OPG’s standards for professional deputies, What Happens If an LPA Turns Out to Be Invalid? covers challenges after registration, and What a Best Interests Meeting Should Actually Look Like covers meeting records. This post pulls the practical side together for family deputies and attorneys: your own decision log.
The Short Answer
A decision log is a dated note you write at the time, for each significant decision you take for the person you act for (often called P, or the donor if you’re an attorney). It records what you decided and why, how P took part, who you spoke to, which options you weighed and why you picked one. The OPG, the Court of Protection and banks all want to see your reasoning, and a short, consistent log is the easiest way to show it.
In this post
- What deputies and attorneys are each expected to keep
- A decision log entry you can copy, with a worked example
- Recording P’s views and how you supported them
- Showing the least restrictive option in writing
- Habits that keep records credible
- When a specialist report is worth having
- What to do if a decision is questioned
Key points
- Record your reasoning as well as the outcome, because a bank statement only shows where the money went.
- Each entry goes in on the day, and never gets backdated.
- P’s own words carry the most weight, along with a note of how you helped them take part.
- One line on why you turned down each other option shows you weighed them.
- A specialist report works best before a large or contested decision, since one written afterwards can’t show what you knew at the time.
What Deputies and Attorneys Are Each Expected to Keep
A deputy is appointed by the Court of Protection when someone lacks capacity and has no Lasting Power of Attorney (LPA). The OPG supervises deputies, and they send in an annual report. My guides to arranging a deputyship and the difference between a deputyship and an LPA show how the two routes compare.
An attorney is someone P chose themselves, under an LPA, while they still had capacity. GOV.UK guidance for attorneys opens in a new tabsays you must keep records of your actions and give the OPG information if it asks. If anyone raises a concern, the OPG can investigate and the Court of Protection can suspend or revoke an attorney’s powers, as the LPA challenge guideexplains.
Both roles sit under the Mental Capacity Act 2005 and its Code of Practice opens in a new tab. Your authority comes from the court order or the LPA, and it covers acting in P’s best interests within the powers you were given. Your records show you stayed within both. If you’re a family deputy, the OPG’s guidance for lay deputies opens in a new tab sets out what supervision looks for.
A Decision Log Entry You Can Copy
A decision log needs no special format. A notebook, a dated document or a spreadsheet will do, as long as you use the same one each time. Put the single decision you’re making at the top of each entry, since vague questions create poor records.
For anything significant, such as where P lives, large spending, changes to care, medical treatment or selling property, cover these points:
- The decision and the date. One plain sentence.
- Why it needs making now. A fall, a bill, a change in health.
- P’s capacity for this decision. How you reached your view, noting that it applies to this decision only.
- How you supported P to take part. Time of day, setting, who was there, anything that helped.
- What P said. In their own words where you can.
- Who else you consulted. Names, roles and what each person told you.
- The options you weighed. Including doing nothing.
- What you chose and why. Linked back to P’s wishes and needs.
- Any disagreement. Who disagreed and what you agreed to do about it.
- A review date.
The example below is invented.
12 March. Decision: whether to increase Mum’s home care from two visits a day to four, or look at a residential placement.
Why now: Fall on 3 March. Hospital discharge planning starts this week.
Capacity: I spoke to Mum on 10 March at 11am, when she’s at her best, with photos of the garden on the table. She told me clearly that she wants to stay at home. She couldn’t weigh up what living alone overnight might mean for her safety. I’ve recorded that she lacks capacity for this decision only.
Mum’s views: “I’m not leaving this house, Julie.” She said something similar to her GP last year (letter on file).
Consulted: Tom (brother) prefers a care home and worries about nights. GP. Care agency manager.
Options: (A) Four visits plus a pendant alarm. (B) Live-in carer, which we can’t afford yet. (C) Residential care, which is the most restrictive and is kept in reserve.
Decision: A. It meets the safety need and respects her clear wish. Disagreement: Tom disagrees, and we’ve agreed to review together. Review: 23 April.
An entry like that takes about ten minutes, and it answers the first questions a sceptical sibling would ask. For everyday spending, one line in your accounts covers the weekly shop. Save the full entry for decisions that change P’s life or cost real money.
Recording What P Says and How You Supported Them
Start with what P said, as close to their own words as you can. A bare note that “P was consulted” leaves the reader guessing. Then note how you helped them take part: the time of day they’re clearest, who was in the room, and whether photos, written choices or shorter conversations helped. If P couldn’t engage on the day, record what you tried and when you’ll try again.
Capacity is judged decision by decision and can change from one day to the next, so note the date, time and decision each time you form a view. The guide to COP3 assessments shows how assessors record fluctuation and the support they tried.
Record P’s wishes even when you disagree with them. Section 4 of the Act asks you to consider P’s past and present wishes, feelings, beliefs and values, and the best interests checklist guide walks through each step. If you go against what P wanted, say so and explain why. A record showing you weighed their wishes and still decided differently stands up much better than one that never mentions them. If relatives disagree about what P would want, whose view counts most in a best interests dispute is a useful read first.
Showing You Chose the Least Restrictive Option
Section 1 of the Act asks you to consider whether you can achieve what you need in a way that interferes less with P’s rights and freedom. For every option you turn down, write one sentence saying why. The cheapest option, or the easiest one for the family, won’t always be the least restrictive, and your record should show you checked.
If a decision involves any restriction, add a review date. A restriction that’s reasonable in March can be disproportionate by June. If a plan starts to limit P’s freedom to leave a place or see people, stop and take advice, because some restrictions amount to a deprivation of liberty that needs separate legal authorisation. Neither an attorney nor a deputy can give that authorisation.
Habits That Keep Your Records Credible
Write on the day. If you forget, write it up late and say so, for example “Written 20 March about a conversation on 14 March”. Backdating undermines everything around it.
Leave the original alone. If you change your mind or learn something new, add a dated note beneath the original entry.
Keep the sources with the log. GP letters, care plans, quotes and emails from relatives should sit alongside it. A notebook or a note on your phone is enough, as the poor care and safeguarding guide says about dated logs.
Stick to what happened. “Dad was difficult” tells a reader about your mood. “Dad refused the carer and asked her to leave at 9am” tells them what happened.
Say if you’ve got a stake. If you live in P’s home, expect to inherit, or stand to gain or save from a decision, note it in the entry and say how you handled it.
When a Specialist Report Is Worth Having
A professional report gives both P and you the strongest protection available, and some situations call for one. Consider getting one when:
- P’s capacity is unclear, fluctuates or is disputed
- The decision is large or hard to reverse, such as a move into a care home, the sale of P’s home, a significant gift or a major investment
- Family members disagree, or someone has threatened to complain to the OPG
- P objects strongly and consistently to what you believe is right
- You stand to gain or lose from the outcome
- A GP letter says P “lacks capacity” without saying which decision it covers
A note that says “lacks capacity” with no reasoning is unlikely to satisfy a court, which is where a GP’s note and an independent assessment differ. Two reports cover most of these situations: a mental capacity assessment for a specific decision, and a best interests report, which weighs the options against P’s wishes and the views of those close to them. If you’re unsure who’s qualified to assess, see who can carry out a mental capacity assessment.
I work independently of the Local Authority and of any care provider, so nobody can say the conclusion was shaped by who was paying. Commission the report before you act, because only a report written beforehand can show what you knew at the time.
If Someone Questions Your Decision
Reply calmly and in writing where you can, and ask for the concern in writing too. Send your records as they stand, untidied, and never add or backdate entries after the event. Start collecting supporting documents straight away while memories are fresh, as the LPA challenge guide explains. If the OPG or the Court of Protection is involved, take advice from a solicitor.
Questions from the OPG or a bank can feel personal. A well-kept record lets you answer with facts, often at the first request for information.
This article offers general information for England and Wales and reflects the Mental Capacity Act 2005. Every situation differs, and it isn’t a substitute for legal advice or a formal assessment of your own circumstances. Last reviewed October 2026.
If you’re a deputy or attorney and you’d like a second pair of eyes on how you’re recording decisions, or you’re facing a choice where a specialist report might help, get in touch for a friendly chat. I’m happy to talk it through before you’ve made the decision.
Questions Deputies and Attorneys Ask Before the Letter Arrives
Do attorneys have to keep records in the same way as deputies?
Deputies report to the OPG each year, so their records are tested regularly. Attorneys aren’t supervised in the same routine way, but GOV.UK guidance says they must keep records of their actions and give the OPG information if asked. I’d advise attorneys to keep the same quality of record as a deputy, because questions tend to arrive without warning.
How long should I keep my records for?
I’d keep them for as long as you act and for a good while afterwards, then hand a full set to whoever takes over, or to the executors, when the role ends. A solicitor or the OPG can confirm how long to hold on to them in your situation.
Can I write up a decision after the event if I forgot at the time?
Yes, and it is far better than having nothing. Date the note with the day you actually wrote it, say which day the decision or conversation took place, and record only what you genuinely remember. Never backdate an entry, because that can undermine your credibility on everything else you have recorded.
What should I do if family members disagree with my decision?
Record who disagrees, what they said and why you decided as you did. A disagreement doesn’t automatically stop you acting, but a significant or lasting dispute is a good moment to consider an independent best interests report or legal advice. A written record of how you listened to them often calms things down on its own.
Is a GP letter enough to show that P lacks capacity?
On its own, it usually isn’t. Capacity is judged for a specific decision at a specific time, and a letter that simply says P lacks capacity doesn’t tell a reader which decision it covers or how the GP reached that view. If the decision is significant or likely to be disputed, a decision-specific assessment gives you much firmer ground.
Do I need to record decisions if P still has capacity and asks me to act?
Yes, in a lighter way. Note that P made the decision, what they asked you to do and when, particularly if you are acting under a property and financial affairs LPA while P can still decide. That record shows you were following P’s instructions rather than substituting your own judgement.
