Acting as an Attorney

Why has someone appointed an attorney?

A Lasting Power of Attorney, usually called an LPA, allows someone to choose the people they trust to help them make decisions or, if necessary, make decisions on their behalf.

​

The person making the LPA is called the donor. The people they appoint are called their attorneys.

​

There are two types of LPA:

​

• Property and Financial Affairs – covering matters such as banking, bills, investments and property; and

• Health and Welfare – covering decisions about care, medical treatment and where the donor should live.
   

By making an LPA, the donor is choosing whom they would want to act for them rather than leaving that decision until a crisis arises.
 

Without a suitable LPA in place, family members do not automatically have authority to manage someone’s finances or make certain decisions for them. In some circumstances, an application to the Court of Protection may instead be needed.
 

Do I need to do anything now?

Usually, no. Being appointed as an attorney does not mean you immediately take control of the donor’s affairs.
 

For now, it is helpful to understand which LPA or LPAs you have been appointed under and to have a general understanding of the donor’s wishes.
 

The LPA must also be registered with the Office of the Public Guardian before it can be used.
 

What does an attorney do?

Your responsibilities depend on the type of LPA involved.
 

A Property and Financial Affairs attorney may help with things such as:
 

• managing bank accounts;

• paying bills;

• dealing with investments;

• managing property;

• dealing with pensions or income; and

• handling other financial matters.

A Health and Welfare attorney may be involved in decisions about:

• medical treatment;

• care arrangements;

• where the donor should live;

• day-to-day welfare; and

• other personal decisions.
   

When can I act?

A Property and Financial Affairs LPA can sometimes be used while the donor still has mental capacity, provided the donor wants the attorney to help, and the LPA allows it.
 

A Health and Welfare attorney can only make a particular decision when the donor is unable to make that decision themselves.
 

An attorney should always support the donor to make their own decisions wherever possible.
 

What responsibilities do I have?

Attorneys must act carefully and in the donor’s best interests.
 

This includes:
 

• following any instructions contained in the LPA;

• taking account of the donor’s wishes and preferences;

• helping the donor make their own decisions where possible;

• keeping the donor’s money separate from their own;

• keeping appropriate records;

• avoiding conflicts of interest; and

• never taking advantage of their position.
   

You are not expected to know everything yourself, and professional advice can be obtained where needed.
 

Why is having an LPA important?

An LPA allows someone to decide, in advance, whom they trust to help them if their circumstances change.
 

Without one, relatives may find that they cannot simply step in to deal with bank accounts, property or other important matters. A Court of Protection application may be necessary, which can take more time, involve additional cost and give the family less control over who is ultimately appointed.
 

Making an LPA means those decisions are made in advance by the person themselves.