Acting as an Attorney for an LPA
- pete68737
- May 6
- 3 min read
Being appointed as an attorney under a Lasting Power of Attorney (LPA) is a position of great trust and responsibility. If someone has named you as their attorney, they are relying on you to act in their best interests and help manage their affairs if they become unable to do so themselves.
This post provides an introduction to the role of an attorney in England and Wales, what your duties will be, and important considerations before and during the role.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that allows someone (the "donor") to appoint one or more people (the "attorneys") to make decisions on their behalf. LPAs come in two types:
Property and Financial Affairs LPA: allows attorneys to manage financial matters such as paying bills, dealing with banks, or selling property.
Health and Welfare LPA: allows attorneys to make decisions about medical care, living arrangements, and daily welfare — but only if the donor loses capacity.
The donor must have mental capacity when making the LPA and it must be registered with the Office of the Public Guardian before it can be used.
When Does an Attorney’s Role Begin?
For Property and Financial Affairs LPAs, the attorney can act as soon as the LPA is registered (unless the donor states otherwise).
For Health and Welfare LPAs, attorneys can only act when the donor has lost the capacity to make relevant decisions.
Responsibilities of an Attorney
Attorneys have a duty to always act in the donor’s best interests. Their main responsibilities include:
1. Following the Donor’s Instructions and Wishes
If the donor still has capacity, the attorney must follow their instructions. If capacity is lost, the attorney should consider the donor’s past and present wishes, beliefs, and values when making decisions.
2. Acting in the Donor’s Best Interests
Attorneys must make decisions that benefit the donor, not themselves or others. They should avoid conflicts of interest wherever possible.
3. Managing Money Responsibly (Property and Financial Affairs LPA)
Attorneys may need to:
Pay bills and manage income
Access bank accounts
Maintain or sell property
Keep accounts and records
4. Making Care Decisions (Health and Welfare LPA)
Where applicable, attorneys may be asked to decide:
Where the donor lives
What medical treatment they should receive (including life-sustaining treatment if the LPA allows)
What daily care and support the donor needs
5. Keeping Records
Attorneys should keep clear records of decisions and transactions to show they have acted properly and in accordance with their duties.
6. Respecting the Law
Attorneys must comply with the Mental Capacity Act 2005 and the Code of Practice, which provide guidance on how to act lawfully and in the donor’s best interests.
Considerations Before Accepting the Role
Acting as an attorney can be demanding, particularly where complex financial matters or sensitive health decisions are involved. Before agreeing, you should consider:
Whether you understand the donor’s wishes and values
Your ability to make impartial and reasoned decisions
Your availability to act when required, potentially over many years
Attorneys can seek professional advice to help them fulfil their role effectively.
Have You Appointed Attorneys to Protect Your Future?
Appointing trusted attorneys through a Lasting Power of Attorney ensures that, should you lose capacity, decisions about your finances and welfare will be made by people you know and trust.
If you do not yet have an LPA in place, it is important to act before it is too late.
Comments