An LPA attorney is the person or people you appoint to make decisions on your behalf.
Attorneys must act in your best interests, follow the Mental Capacity Act and keep proper records of decisions they make.
An LPA Attorney must be at least 18 years old and have mental capacity.
They can be a family member, friend, partner, or a professional such as a solicitor or accountant. The most important factor is trust and willingness to take on legal responsibility.
The right attorney is someone you trust, who understands your wishes and who is capable of making clear decisions under pressure.
Many people choose a partner, family member or close friend. Some appoint more than one attorney to share responsibility or provide oversight.
A UK Lasting Power of Attorney for Health and Welfare lets you choose someone you trust to make decisions about your medical care, treatment, and day to day wellbeing if you are unable to decide for yourself.
This can include decisions about care homes, life sustaining treatment and personal care, but it can only be used if you lose mental capacity.
A UK Lasting Power of Attorney for Property and Financial Affairs allows your chosen attorney to manage your money and property.
This can include paying bills, managing bank accounts, selling property and dealing with pensions or benefits. It can be used with your permission while you still have capacity, or only if you lose it.
A professional LPA Attorney is someone who acts in a professional capacity, such as a solicitor or accountant.
Professional Attorneys may be useful where family members are unavailable or where financial matters are complex. They usually charge a fee for their services.
Yes. A spouse or civil partner is often chosen as an Attorney because they know the Donor well and understand their wishes.
It is still important to consider whether they are able to take on the responsibility, especially during stressful situations.
Before acting, an Attorney should understand the Donor’s wishes and the limits of their authority.
They must know that they should support the Donor to make decisions wherever possible and only step in when necessary.
Once acting, an Attorney must make decisions in the Donor’s best interests and keep clear records of important decisions.
They should avoid conflicts of interest and seek professional advice if unsure about complex matters.
Yes. An Attorney can resign from their role by formally notifying the Donor and the Office of the Public Guardian.
If the Donor lacks capacity, additional steps may be required to ensure continuity of decision making.
An Attorney can no longer act if they lose mental capacity, die, choose to resign, or are legally removed.
The LPA may continue if replacement Attorneys were appointed or if other Attorneys remain able to act.
If an Attorney is placed on the Disclosure and Barring Service barred list, they may be prevented from acting, particularly in Health and Welfare matters.
This helps protect the Donor from potential harm and ensures safeguarding requirements are met.
Bankruptcy affects Property and Financial Affairs LPAs.
An Attorney who becomes bankrupt or subject to a Debt Relief Order cannot continue to act for financial matters. They may still act under a Health and Welfare LPA if appropriate.
Yes, many people choose more than one Attorney.
You can appoint Attorneys to act jointly, jointly and severally, or in a combination of both. This can provide flexibility and protection if one Attorney is unavailable.
After stopping, an Attorney should return any documents and provide records of decisions made if requested.
They should no longer make decisions on behalf of the Donor once their authority has ended.
Yes. A solicitor or another professional can act as an Attorney if the Donor chooses them.
Professional Attorneys are often appointed when the Donor wants an independent person or does not have a suitable friend or family member. Professionals usually charge fees for acting, which should be agreed in advance and recorded clearly.
Attorneys must keep clear and accurate records of decisions made and actions taken on behalf of the Donor.
This includes financial transactions, major care decisions and any consultations with professionals or family members. Good record keeping helps demonstrate that the Attorney is acting in the Donor’s best interests and protects 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 no longer act under a Property and Financial Affairs Lasting Power of Attorney.
Their authority ends automatically, and the Office of the Public Guardian must be notified. If there are replacement attorneys named, they can step in. If not, the remaining attorneys may continue, depending on how the LPA was set up.
Bankruptcy does not affect a Health and Welfare Lasting Power of Attorney.
If an attorney dies before the donor, they can no longer act.
What happens next depends on how the LPA was written. If replacement attorneys were appointed, they step in. If attorneys were appointed jointly, the LPA may stop working entirely. If they were appointed jointly and severally, the remaining attorneys can usually continue.
Yes. An attorney can resign at any time by completing a formal deed of disclaimer.
Once they resign, the Office of the Public Guardian must be informed. If replacements were appointed, they can take over. If not, the LPA may still work if there are other attorneys able to act under its terms.
An attorney can only do what the LPA allows and must always act in the donor’s best interests.
For property and finance, this often includes paying bills, managing bank accounts, and dealing with everyday financial matters. For health and welfare, authority usually covers care decisions and treatment choices, but only once the donor lacks mental capacity.
Attorneys must follow the Mental Capacity Act and any preferences or instructions written into the LPA.
If a doctor, care provider, or bank disagrees with an attorney, they may ask for clarification or evidence that the attorney is acting within their authority.
If concerns remain, the matter can be referred to the Office of the Public Guardian. In serious cases, the Court of Protection may become involved to protect the donor.
Attorneys can live in different countries, but this can create practical challenges.
Time zones, document signing and communication with UK banks or care providers may be slower. It is important that attorneys can still work together effectively and access UK services when needed.
Attorneys are legally accountable under the Mental Capacity Act.
They must keep records, act in the donor’s best interests, and avoid conflicts of interest. The Office of the Public Guardian can investigate concerns, request records, and remove attorneys who do not follow the rules.
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.
Multiple attorneys can provide reassurance, but they can also cause delays or disagreements.
This is more likely when attorneys must act jointly or when relationships are strained. Clear wording, realistic appointments and replacement attorneys can reduce these risks.
Attorneys should keep clear and accurate records of all decisions they make.
This includes financial transactions, care decisions, correspondence and reasons for important choices. Records should be kept for the entire time the attorney is acting and for several years afterwards in case the Office of the Public Guardian asks to review them.
Good record keeping protects both the donor and the attorney.
Disagreements between adult children can cause serious delays and stress.
If there is an LPA, the appointed attorney has authority to decide, even if others disagree. If there is no LPA, professionals may step in and decisions may be referred to the local authority or the Court of Protection. This often leads to slower decisions and increased conflict.