Who Is the Attorney in a Power of Attorney?

By Matt Cresswell, Founder of Power of Attorney Online and author of
Everything you ever wanted to know about LPAs (but were afraid to ask)

13th February 2026

Updated: Tuesday 31st March 2026

Who Is the Attorney in a Power of Attorney? The attorney is the person chosen to make decisions on your behalf if you can’t make them yourself. Understanding the role ad responsibilities can help you feel confident your affairs will be handled as you intended and in line with UK law.

What does an attorney actually do?

An attorney is legally authorised by the LPA to act in your best interests, but only once your Lasting Power of Attorney is registered and, depending on the type of power of attorney, when it’s needed. Their duties will include making finance or healthcare decisions. The exact powers are determined by whether you created a Property and Financial Affairs LPA or a Health and Welfare LPA, or both, in the first place.

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

Who is applicable to be chosen as an attorney?

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

Trust is in your attorney is really essential. Attorneys could access sensitive information and make significant decisions for you in the future, so in this sense reliability and good judgement matter more than them having formal qualifications for the job.

Do attorneys have legal responsibilities?

Attorneys must act honestly. It also really helps to keep clear records of any financial transactions or decisions they make. They absolutely must separate their own money from yours and avoid anything that looks like a conflict of interest.

If concerns arise, the Office of the Public Guardian can investigate their conduct. This oversight is useful in helpoing ensure attorneys act properly and protects donors from misuse of the LPA.

Can you appoint more than one attorney?

Choosing multiple attorneys to share the responsibility can be sensible. 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 pros and cons for flexibility and accountability, so it’s important to think about how decisions are 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 when registering the form. 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 the mental capacity to do so or when you die. After death, your executor or personal representative takes over responsibility for your estate.

Choosing the right attorney is so when creating an LPA using a service like Power of Attorney Online. Understanding the role helps you make an informed choice, protect your future and ensure someone you trust is ready to act when it could matter most.

Written by Matt Cresswell

Matt Cresswell is the Founder of Power of Attorney Online, a service helping people across England and Wales create Lasting Powers of Attorney through guided online support and expert document reviews. He founded the business following his father's diagnosis with dementia, after experiencing first-hand how confusing the LPA process can be for families. Matt's expertise focuses on Lasting Powers of Attorney, planning ahead and helping families prepare for the future before a crisis occurs.