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

08th September 2025

Updated: Tuessday 3rd February 2026

Can a Power of Attorney Transfer Money to Themselves in the UK? is one of the most common and important questions people ask when setting up a Lasting Power of Attorney or stepping into the role of an attorney. Money matters can feel sensitive, particularly when someone else is given legal access to your finances. Understanding whether an attorney can move funds into their own account, and the strict limits that apply, is essential for protecting the donor’s interests and ensuring the attorney acts lawfully and with confidence.

What legal duties does an attorney have?

An attorney is appointed to act for the benefit of the donor, not themselves. Under the Mental Capacity Act 2005, every decision must be made in the donor’s best interests. This includes respecting their past wishes, values, and financial habits wherever possible.

Attorneys must manage money carefully, avoid conflicts of interest, and keep the donor’s finances separate from their own. Using the role for personal gain is not permitted and can be treated as financial abuse.

Are attorneys ever allowed to receive money?

There are limited situations where money may move from the donor to the attorney, but these are tightly controlled. Everyday management of finances does not include taking payment or benefiting personally unless clear conditions are met.

Reimbursement of reasonable expenses is allowed. This covers genuine out of pocket costs such as travel to appointments, postage, or phone calls made while carrying out attorney duties. Records and receipts should always be kept.

Small gifts may also be made on behalf of the donor. These must reflect what the donor would usually give, for example modest birthday or seasonal gifts. Anything excessive or unusual would need approval from the Court of Protection.

In rare cases, the LPA itself may include explicit permission for an attorney to be paid or to make certain transfers. These instructions must be clearly written and followed exactly. Without this authority, payments are not allowed.

What is not permitted under a Power of Attorney?

Transferring money for personal use, borrowing from the donor, selling assets to yourself, or paying yourself a wage without permission are all prohibited. Even if the attorney believes the donor would agree, acting without legal authority can still be unlawful.

Mixing personal and donor finances is another common mistake. Separate accounts and clear records are essential to demonstrate transparency and proper decision making.

What happens if an attorney misuses funds?

The Office of the Public Guardian oversees attorneys and has the power to investigate concerns. If misuse is found, the consequences can be serious. These may include being removed as attorney, being ordered to repay money, or facing civil or criminal action.

Good record keeping protects everyone involved. Clear notes, bank statements and receipts help show that decisions were made responsibly and for the donor’s benefit.

How can donors and attorneys protect themselves?

For donors, the strongest safeguard is choosing trustworthy attorneys and giving clear guidance within the LPA. Preferences and instructions can help avoid confusion later.

For attorneys, asking for advice when unsure is always the safest option. Acting cautiously, keeping finances transparent, and following the law reduces risk and stress.

A Power of Attorney in the UK does not allow an attorney to transfer money to themselves for personal benefit. The role exists to protect the donor, not reward the attorney. With the right setup and guidance, an LPA remains one of the most secure ways to manage finances when capacity is lost.

If you are ready to create your LPA with confidence, Power of Attorney Online offers a clear, guided service with expert checks to help you get it right first time.