Who Is the Attorney in a Power of Attorney?

13th February 2026

Who Is the Attorney in a Power of Attorney? is a question many people ask when they first explore creating a Lasting Power of Attorney. The attorney is the person you choose to make decisions on your behalf if you cannot make them yourself. Understanding their role, responsibilities and limits helps you feel confident that your affairs will be handled safely and in line with UK law.

What does an attorney actually do?

An attorney is legally authorised to act in your best interests once your Lasting Power of Attorney is registered and, depending on the type, when it is needed. Their duties can include managing bank accounts, paying bills, handling property matters or making decisions about care and medical treatment. The exact powers depend on whether you create a Property and Financial Affairs LPA or a Health and Welfare LPA.

Attorneys must always follow the Mental Capacity Act 2005. This means supporting you to make your own decisions whenever possible and acting only within the authority granted in the document.

Who can be chosen as an attorney?

Most people appoint a trusted family member, close friend or partner. You may also appoint a professional such as a solicitor or accountant if your affairs are complex. The person must be over 18 and have mental capacity themselves. For financial LPAs, they must not be bankrupt.

Trust is essential. Attorneys can access sensitive information and make significant decisions, so reliability and good judgement matter more than formal qualifications.

What legal responsibilities do attorneys have?

Attorneys must act honestly and keep clear records of any financial transactions or decisions they make. They must separate their own money from yours and avoid conflicts of interest. Large gifts or personal benefits are usually not allowed unless specifically authorised.

If concerns arise, the Office of the Public Guardian can investigate. This oversight helps ensure attorneys act properly and protects donors from misuse.

Can more than one attorney be appointed?

Many people choose multiple attorneys to share responsibility. You can ask them to act jointly, meaning all decisions must be agreed together, or jointly and severally, allowing them to act independently when needed. Each option has practical implications for flexibility and accountability, so it is important to think about how decisions might need to be made in real life.

When does an attorney’s authority begin and end?

For Property and Financial Affairs LPAs, authority can begin once the LPA is registered, if you give permission. Health and Welfare attorneys can only act if you lose mental capacity. In all cases, an attorney’s authority ends if you revoke the LPA while you still have capacity or when you die. After death, your executor or personal representative takes over responsibility for your estate.

Choosing the right attorney is one of the most important decisions when creating a Power of Attorney using a service like Power of Attorney Online. Understanding their role helps you make informed choices, protect your future and ensure that someone you trust is ready to act when it matters most.