FAQs About Attorneys in Lasting Power of Attorney

An LPA Attorney is the person chosen to make decisions on behalf of the donor under a UK Lasting Power of Attorney.

They only act within the legal powers set out in the LPA.

They must follow the Mental Capacity Act 2005 and always act in the donor’s best interests.

Being an attorney is a legal responsibility, not just a position of trust.

An attorney must be at least 18 years old.

For a Property and Financial Affairs LPA, they must not be bankrupt or subject to a Debt Relief Order.

They should be trustworthy, organised, and capable of making difficult decisions.

They can be a family member, friend or professional.

Choose someone who:

• Understands your values
• Is financially responsible
• Communicates well with others
• Can handle pressure

Do not choose someone just to avoid upsetting them.

This role carries legal duties and can involve complex decisions.

A Health and Welfare LPA allows an attorney to make decisions about care and medical treatment.

This may include:

• Where the donor lives
• Day to day care
• Medical treatment
• Life sustaining treatment if authorised

It can only be used once the donor has lost mental capacity for that decision.

A Property and Financial Affairs LPA allows an attorney to manage money and assets.

This can include:

• Managing bank accounts
• Paying bills and mortgages
• Selling property
• Dealing with pensions and investments

It can be used with the donor’s permission while they still have capacity, or once they lose capacity.

A professional LPA Attorney is usually a solicitor or regulated trust professional.

They charge fees for acting.

They may be appropriate if:

• There is family conflict
• The estate is complex
• No suitable family member is available

Professional attorneys must meet regulatory standards.

Yes.

Many people appoint their spouse or civil partner.

However, marriage alone does not give automatic decision making powers. A registered LPA is still required.

You can also appoint more than one attorney for balance and protection.

They should understand:

• The scope of their legal authority
• Their duty to act in best interests
• The importance of record keeping
• That they can be investigated by the OPG

This is a serious legal role.

Once acting, attorneys must:

• Follow the Mental Capacity Act 2005
• Act in the donor’s best interests
• Keep the donor’s money separate from their own
• Keep accurate financial records

They must avoid conflicts of interest.

Yes.

They must notify the donor and the Office of the Public Guardian.

The correct legal process must be followed to ensure the resignation is valid.

An attorney can no longer act if:

• They die
• They lose mental capacity
• They become bankrupt in a Property and Financial Affairs LPA
• They are removed by the Court of Protection

The LPA may fail if no valid attorneys remain.

If barred from working with vulnerable adults, they cannot act as an attorney for Health and Welfare decisions.

Safeguarding protections take priority.

They can’t act for Property and Financial Affairs.

The role ends for financial decisions.

Replacement attorneys, if named, may step in.

Often, yes.

More than one attorney can provide checks and balance.

However, too many attorneys can create delays and conflict.

The key is choosing the right people, not simply more people.

Keep records safely stored.

Ensure a clear handover if another attorney or replacement is stepping in.

Notify relevant institutions.

Acting responsibly at the end of the role is as important as at the beginning.

Yes.

A solicitor, accountant or trust corporation can act as an attorney.

They must agree to the role and will usually charge ongoing fees.

Attorneys should keep:

• Bank statements
• Receipts
• Invoices
• Records of major decisions

Clear records protect both the donor and the attorney.

Attorneys cannot delegate their decision making authority to someone else.

They may, however, ask others to help with practical tasks, such as bookkeeping or administrative support, as long as the Attorney remains responsible for all decisions and oversight.

If an attorney becomes bankrupt, they can’t continue acting under a Property and Financial Affairs LPA.

They may still act under a Health and Welfare LPA.

Bankruptcy does not automatically affect health decisions.

If a replacement attorney is named, they can step in.

If no replacement exists and the remaining attorneys cannot act, the LPA may no longer function.

This may require a deputyship application to the Court of Protection.

Yes.

An attorney can formally disclaim or resign their role.

If there is a replacement attorney named in the LPA, they can step in.

If not, and no attorneys remain, an application to the Court of Protection may be required.

An attorney can only act within the powers granted in the LPA.

They can’t:

• Change the donor’s will
• Make decisions outside the scope of the LPA
• Act against the donor’s best interests

They must involve the donor wherever possible.

Doctors and social services must follow the law.

If a Health and Welfare LPA is valid and registered, attorneys have authority where the donor lacks capacity.

However, professionals can challenge decisions if they believe the attorney is not acting in the donor’s best interests.

It is legally possible.

However, practical challenges can arise, especially for financial matters.

Banks may require identity checks and original documents.

Time zones and communication barriers can slow decisions.

Attorneys are supervised by the Office of the Public Guardian.

If concerns are raised, the OPG can:

• Request financial accounts
• Investigate decisions
• Refer matters to the Court of Protection

In serious cases, attorneys can be removed.

Professional attorneys, such as solicitors or accountants, are sometimes appropriate when there is no trusted family member or when finances are complex.

They charge fees and must follow strict professional standards. Some people appoint a professional alongside a family member for balance and oversight.

Risk increases when:

• Attorneys do not communicate
• There is family tension
• They must act jointly on every decision

Joint appointments can cause deadlock if attorneys disagree.

Careful wording in the LPA helps reduce this risk.

Financial records should be kept for several years, ideally for as long as the LPA is active.

If concerns arise, the Office of the Public Guardian may request evidence of decisions made.

Good record keeping reduces risk.

Disagreements are common.

If attorneys are appointed jointly, they must agree.

If they act jointly and severally, they can act independently but must still act in the donor’s best interests.

If disputes cannot be resolved, the Court of Protection may intervene.

Your attorneys should be adults you trust completely.

Most people choose a spouse, partner, adult children, siblings or close friends. Trust is essential, but so is capability.

Choose someone who:

• Is organised and reasonably confident with paperwork
• Can stay calm under pressure
• Will act fairly if family members disagree
• Understands that this role is about your best interests, not their preferences

Give them time to think about it. Talk through what the role involves before naming them in your LPA application.

No.

For a Property and Financial Affairs Lasting Power of Attorney:

• An attorney must be 18 or over
• They must not be bankrupt or subject to a Debt Relief Order
• They cannot usually be your paid care worker unless they are a close relative or there are exceptional circumstances

These restrictions exist to reduce financial risk.

Often, yes.

Appointing more than one LPA Attorney can add protection and reduce the risk of mistakes or misuse. But you must decide how they will act.

You have two main options:

Jointly
All attorneys must agree on every decision.

Jointly and severally
Attorneys can act together or independently.

For example:

• You might require attorneys to act jointly when selling your home.
• You might allow them to act jointly and severally for everyday banking.

Think carefully. Joint appointments can create protection, but they can also cause delays if people disagree.

A Replacement Attorney steps in if your original attorney:

• Dies
• Loses mental capacity
• Becomes bankrupt (for financial LPAs)
• Chooses to stop acting

Without a replacement, your LPA could fail. That could mean your family has to apply to the Court of Protection for a deputyship.

Naming replacements is a simple way to futureproof your Lasting Power of Attorney.

When your LPA is registered and in force, your attorney can generally do anything you could have done yourself, as long as it is within the powers granted in the document.

For a Property and Financial Affairs LPA, this can include:

• Paying bills
• Managing bank accounts and investments
• Collecting pensions or benefits
• Buying or selling property
• Handling tax affairs

For a Health and Welfare LPA, this can include:

• Making decisions about medical treatment
• Choosing care providers
• Deciding where you live
• Agreeing to or refusing life-sustaining treatment, if authorised

Their authority is broad, but it is not unlimited.

Attorneys have strict legal limits.

They cannot:

• Make decisions after you die
• Change your will
• Act outside the powers written in your LPA
• Make gifts beyond what the law allows
• Ignore your valid advance decision to refuse treatment
• Do anything illegal
• Act against your clearly expressed wishes

If they overstep these boundaries, they can be investigated and removed.

In most cases, no.

Family members or friends acting as attorneys cannot charge for their time.

They can claim reasonable out-of-pocket expenses, such as:

• Travel costs
• Postage
• Phone calls

Professional attorneys, such as solicitors or accountants, can charge fees if this is agreed.

Because the role is unpaid in most cases, choose someone willing and able to take it on.