What’s involved in being an Attorney in an LPA?

If you are thinking about creating a Lasting Power of Attorney, or you have been asked to act as an Attorney, it helps to know exactly what you are agreeing to. This guide explains the practical day to day responsibilities, legal limits and tips so you can act with confidence if the time comes.

What being an Attorney means

An Attorney is someone chosen to make decisions for another person, known as the donor. The arrangement must be made in a Lasting Power of Attorney, and registered with the Office of the Public Guardian before it can be used. There are two LPA types: Property and Financial Affairs, and Health and Welfare. Each covers different decisions, and an Attorney can only act within the type of LPA they are appointed under.

Types of decisions

• Property and Financial Affairs LPA covers money, bank accounts, bills, pensions, selling property and benefits. It can be used while the donor still has mental capacity if the LPA allows it, or only when capacity is lost, depending on how it is drafted.
• Health and Welfare LPA covers care, where the donor lives and medical treatment. This type only takes effect when the donor no longer has mental capacity to make those decisions themselves.

Legal responsibilities and limits

As an Attorney you have a legal duty to act in the donor’s best interests and to follow the terms set out in the LPA. You must take reasonable care, support the donor to make their own decisions where possible, and keep clear records of actions you take on their behalf.

• You must act in line with the LPA document and the Mental Capacity Act principles.
• You cannot change the donor’s will, make decisions outside the LPA’s scope, or intentionally harm or neglect the donor.
• If there are multiple Attorneys, the LPA will say whether they should act jointly, or jointly and severally. If they must act jointly, decisions should be made together. If jointly and severally, any one Attorney may act alone, unless the document restricts this.

When an LPA is triggered

A Property and Financial Affairs LPA can sometimes be used while the donor still has capacity if the document specifies. For example, the donor might want an Attorney to manage finances while they are abroad. A Health and Welfare LPA can only be used when the donor lacks capacity to make that health or care decision. You can check the rules and register an LPA via the government guidance at gov.uk.

Practical tips for Attorneys

• Keep detailed records, including bank statements and receipts for any payments made or expenses claimed.
• Discuss the donor’s wishes early, and review decisions with family members where appropriate to reduce dispute.
• Seek professional advice for complex matters, such as tax, pensions or medical disagreements. You should take advice, but you cannot pass responsibility to someone else.
• If you are unable or unwilling to act, tell the donor while they have capacity, or the OPG and family as soon as possible to avoid delays later.
• Remember the role is usually unpaid. The donor can authorise payment in the LPA, and you may be able to reclaim reasonable out of pocket costs, so check the document and get advice where necessary.

Dealing with disputes and difficult decisions

Some decisions can be emotionally and legally challenging, for example moving a donor into care or refusing life sustaining treatment. If disputes arise, the Court of Protection can step in to resolve matters. You should also contact the Office of the Public Guardian if you are concerned about another Attorney or suspect abuse.

Next steps and getting help

If you need help preparing an LPA or would like guidance on acting as an Attorney, our friendly team can support you. We can draft and register LPAs, explain the differences between the types, and help you choose suitable Attorneys.

Get support creating or registering an LPA

Contact our advisers for personalised help

For related estate planning needs you might also want to consider a will or trusts to protect your family’s future. See our will writing service for more information.

If you prefer a quick online option, find out about our online will service or call us to discuss the best combination of documents for your circumstances.