Can Attorneys Delegate Tasks?

21st January 2026

Updated: Monday 6th April 2026

Can Attorneys Delegate Tasks? Attorneys are trusted family members or friends and want to make sure they understand the role if the pressure is on. Understanding delegation helps and attorney to stay within the law, while still giving the practical support that’s needed to a donor.

What does the role of an attorney really involve?

An attorney is appointed to effectively make decisions on behalf of the donor if it’s ever needed. Any decisions made must always be in the donor’s best interests and in line with the Mental Capacity Act 2005.

The authority to make those decisions comes directly from the LPA, so the attorney is always responsible for the decisions they take. An LPA is a legal document, so that responsibility can’t just be passed on, even if more day to day tasks are often shared with others.

Can an attorney ask someone else for help?

Attorneys are allowed to ask for help with practical tasks, provided they keep overall control and responsibility. Examples of this could be an attorney asking an accountant to prepare tax returns, a solicitor to provide legal advice or a financial adviser to explain investment options.

These are examples of an attorney not delegating the actual decision making power, but taking advice or admin help, then deciding what action to take themselves. This distinction is crucial and is acutely reflected in how the OPG views an attorney’s conduct if they ever need to look into it.

What decisions really can’t be delegated using an LPA?

Attorneys can’t delegate decision making authority to another person unless the LPA explicitly allows it, which is a pretty rare occurence. Signing documents, approving payments, selling property or making care decisions are all examples of things that can only be done by an appointed attorney in the LPA.

They also can’t appoint a substitute to act in their place. If an attorney no longer wishes, or is unable, to act, there’s a process that must be followed to formally step down. The role can then be passed to a replacement attorney, but only if one has already been named in the LPA. It’s not something that can be done retrospectively.

What about professionals acting on behalf of the attorney?

Banks, care providers and other organisations may work with professionals instructed by the attorney, but the instructions will still need to come from the attorney. Banks may accept paperwork prepared by an accountant, but the authority to proceed must be given by the attorney, as an example.

This gives the donor protection and ensures there’s a clear line of accountability if decisions are questioned later down the line.

What if there is more than one attorney named in the LPA?

If multiple attorneys are appointed jointly, all decisions must be made together. Tasks can still be shared, but a single attorney can’t act alone because that goes against the structure of the LPA. If attorneys are appointed jointly and severally however, they may act independently, but still can’t hand over decision making, along the lines of what we talk about above, to someone outside the LPA.

A general understanding of how your attorneys are appointed is essential, rather than just assuming tasks can be split or shared as you see fit.

What’s the best way for attorneys to stay OPG compliant?

Keeping clear records of your decisions is one of the best ways to demonstrate decisions are being made properly. Notes of advice received, reasons for decisions and copies of any correspondence all help show an attorney has acted responsibly, if that’s ever under question.

Power of Attorney Online always aims to explain these responsibilities clearly from the start. By understanding what you can and can’t do, attorneys should be able to give practical help where it’s needed, while staying firmly within their legal remit.