If you have been named as an attorney in a Lasting Power of Attorney, you have an important role. This guide explains your duties, practical steps and where to get help.
If you have been appointed as an attorney in a Lasting Power of Attorney, you have been trusted to look after someone else’s affairs if they cannot do so themselves. That trust comes with clear responsibilities. This guide explains what your role may involve, the two types of LPA, practical steps to take, and where to find help in England and Wales.
What being an attorney means
As an attorney in an LPA you can make decisions on behalf of the person who made the LPA, known as the donor. The scope of your authority depends on the type of LPA, and on any restrictions or instructions the donor included when they made it. You must always act in the donor’s best interests, follow any rules set out in the LPA, and keep clear records of decisions and transactions.
Two types of Lasting Power of Attorney
Property and Financial Affairs LPA
This LPA covers money and property matters. Typical duties include:
- managing bank accounts and investments
- paying bills and arranging household repairs
- claiming benefits and paying taxes
- buying or selling property, if the LPA allows
The donor can choose whether this LPA can be used while they still have mental capacity, or only once they lose capacity. In all cases, the LPA must be registered with the Office of the Public Guardian before it can be used. See more on registration at the government website gov.uk - Power of attorney.
Health and Welfare LPA
This LPA covers personal welfare, including where the donor lives, their daily routine, personal care and medical treatment. Importantly, a Health and Welfare LPA can only be used when the donor lacks mental capacity to make those decisions for themselves.
Practical steps after you are appointed
- Confirm the LPA is registered. An LPA must be registered with the Office of the Public Guardian before you can act. Registration can take some weeks, so plan accordingly.
- Read the document carefully. Check for any restrictions, instructions, or replacement attorneys named in the LPA.
- Communicate with the donor. If they still have capacity, discuss their wishes and expectations to understand how they want decisions made.
- Notify banks and professionals. Financial institutions and health providers will want to see the registered LPA before they accept your authority. Each organisation may have its own processes, so allow time to provide documentation.
- Keep records. Maintain clear, dated records of decisions, payments and reasons for action. These records protect both you and the donor, and you may need to show them to family, professionals or the Office of the Public Guardian.
Acting in the donor’s best interests
You must follow the Mental Capacity Act 2005 principles when making decisions, including assessing capacity and consulting others who know the donor. You cannot benefit from your role unless the LPA specifically allows payment or reimbursement. If you are unsure about a decision, get professional or legal advice rather than guessing.
Dealing with joint attorneys and disputes
If you are a joint attorney, you may need to reach agreement with co-attorneys before acting. If co-attorneys cannot agree, you should try mediation or legal advice. In some cases, the Court of Protection may need to resolve disputes. Keep communication open, and document attempts to reach consensus.
What if you cannot or do not want to act
You can decline the appointment, or step down if acting becomes impracticable. If you need to step back, tell the donor if possible, and contact the Office of the Public Guardian for guidance on formal renunciation. If there are replacement attorneys named in the LPA, they may be able to step in.
Where to get help
If you need help registering an LPA, understanding duties, or resolving disputes, contact a specialist. For practical guidance on LPAs from the government, see gov.uk. For tailored support with documents and advice, consider professional services that handle LPAs and related planning.
Find out how Beneficial Family Wills can help with Lasting Powers of Attorney
Contact Beneficial Family Wills if you have been appointed and want personalised guidance on your responsibilities and next steps.
When you are appointed as an attorney, you are stepping into a role that can make a real difference to someone’s life. Take the time to understand the LPA, keep good records, communicate openly, and get professional help when needed.
Reviewing your own will after acting for a donor is often sensible, to ensure your estate planning reflects your current circumstances.
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Book a free, no-obligation consultation with one of our expert estate planning consultants. We make wills, LPAs and trusts simple, affordable, and completely stress-free.