Can a Power of Attorney Transfer Money to Themselves in the UK?

08th September 2025

If you’re setting up a Lasting Power of Attorney (LPA), or you’ve been appointed as someone’s attorney, it’s natural to wonder what powers this actually gives you, especially when it comes to finances. One of the most common questions we hear is:

“Can a Power of Attorney transfer money to themselves in the UK?”

The short answer is: No, unless the LPA specifically allows it and it’s clearly in the best interests of the person they’re acting for.

Let’s break down what that really means.

The role of an attorney

An attorney is legally bound to act in the best interests of the person (the “donor”) who made the LPA. That means every decision, from paying bills to managing investments, should be made with the donor’s needs, wishes, and wellbeing in mind, not the attorney’s.

Attorneys must also follow the principles of the Mental Capacity Act 2005, which sets out the framework for making decisions on behalf of someone else. One key principle is that attorneys cannot use their role for personal gain.

Can attorneys ever pay themselves?

There are only a few circumstances where an attorney can transfer money to themselves:

• Reimbursing expenses: Attorneys are allowed to claim back out-of-pocket expenses, such as postage, travel costs, or phone calls made while carrying out their duties. However, they must keep clear records and receipts.
• Gifts: Attorneys may make small, reasonable gifts on behalf of the donor (for example, birthday or Christmas presents for family members). These gifts must be in line with what the donor would have given if they had capacity, and must not be excessive.
• Specific permissions: If the LPA document itself explicitly states that an attorney can receive payment or make certain financial transfers, this must be carefully followed, but such clauses are rare and must be drafted correctly.

Anything beyond this, such as transferring large sums of money, selling property to themselves, or moving assets for their own benefit, would be classed as abuse of power.

What happens if an attorney misuses funds?

If an attorney is found to be transferring money to themselves without proper authority, this can lead to serious consequences, including:

• Removal as attorney by the Office of the Public Guardian (OPG)
• Requirement to repay the money
• Potential civil or criminal action for fraud or financial abuse

This is why transparency is essential. Attorneys should always keep detailed records of financial transactions and be prepared to explain how each decision benefits the donor.

Protecting against misuse

For donors, the best protection is choosing attorneys you trust completely, and making your wishes clear in the preferences or instructions section of your LPA. For attorneys, the safest approach is to seek advice if you’re ever unsure whether a decision is appropriate.

So, can a Power of Attorney transfer money to themselves in the UK? Not unless it’s for genuine expenses, modest gifts, or specifically authorised in the LPA. The role is all about protecting the donor, not benefiting the attorney.

👉 Ready to set up your own LPA and protect your wishes? Get started today with Power of Attorney Online: the simple, affordable way to create your LPA with expert checks for peace of mind.