Can Attorneys Delegate Tasks?

21st January 2026

Can Attorneys Delegate Tasks? This is a common and important question for anyone acting under a Lasting Power of Attorney. Attorneys are often trusted family members or friends, and the role can feel demanding, especially when managing finances or dealing with multiple organisations. Understanding what can and cannot be delegated helps attorneys stay within the law while still getting practical support.

What does the role of an attorney involve?

An attorney is legally appointed to make decisions on behalf of the donor, the person who created the LPA. These decisions must always be made in the donor’s best interests and in line with the Mental Capacity Act 2005.

Because the authority comes directly from the LPA, the attorney remains personally responsible for decisions taken. This responsibility cannot be passed on, even if day to day tasks are shared with others.

Can an attorney ask someone else to help?

Attorneys are allowed to get help with practical tasks, provided they keep overall control and responsibility. For example, an attorney may ask an accountant to prepare tax returns, a solicitor to provide legal advice, or a financial adviser to explain investment options.

In these situations, the attorney is not delegating decision making power. They are taking advice or administrative help, then deciding what action to take themselves. This distinction is crucial and is closely reflected in how the Office of the Public Guardian views an attorney’s conduct.

What cannot be delegated under an LPA?

Attorneys cannot delegate decision making authority to another person unless the LPA explicitly allows it, which is rare. Signing documents, approving payments, selling property, or making care decisions must be done by the appointed attorney or attorneys named in the LPA.

An attorney also cannot appoint a substitute to act in their place. If an attorney no longer wishes or is able to act, they must formally step down and the role can only pass to a replacement attorney if one has been named in the LPA.

Can professionals act on behalf of the attorney?

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

This protects the donor and ensures there is always a clear line of accountability if decisions are questioned later.

What if there is more than one attorney?

Where multiple attorneys are appointed jointly, all decisions must be made together. Tasks can still be shared, but no single attorney can act alone. If attorneys are appointed jointly and severally, they may act independently, but they still cannot hand over decision making to someone outside the LPA.

Understanding how attorneys are appointed is essential before assuming tasks can be split or shared.

How can attorneys stay compliant and confident?

Keeping clear records is one of the best ways to demonstrate that decisions are being made properly. Notes of advice received, reasons for decisions and copies of correspondence all help show that the attorney has acted responsibly.

Power of Attorney Online supports donors and attorneys by explaining these responsibilities clearly from the start. By understanding the limits of delegation, attorneys can get practical help where needed while staying firmly within their legal duties.

Acting as an attorney is a position of trust. Knowing where help is allowed and where responsibility must stay personal, protects both the donor and the attorney.