Understand the role of an attorney under a Lasting Power of Attorney, including duties, responsibilities and how to act in the donor’s best interests.
Being asked to act as an attorney for someone’s Lasting Power of Attorney (LPA) is a significant responsibility. It is often a decision made between family members, close friends, or trusted individuals because the person creating the LPA, known as the donor, has confidence in their ability to act on their behalf if needed.
Many people agree to become an attorney because they want to help someone they care about. However, the role involves important legal duties and responsibilities that should be fully understood before accepting the appointment.
An attorney is not simply someone who steps in and takes over decision-making. Their role is to support the donor, follow their wishes wherever possible, and always act in their best interests. Understanding what the role involves can help attorneys feel more confident and ensure they carry out their responsibilities correctly.
At Libra LPA, we provide clear and approachable Lasting Power of Attorney (LPA) Help, Support & Guidance Online, helping people understand every stage of the LPA process, including the important role attorneys play.
An attorney is a person who has been legally appointed by another individual to make decisions on their behalf under a Lasting Power of Attorney.
The person creating the LPA is called the donor. The donor chooses one or more attorneys they trust to help manage certain decisions if they become unable to make those decisions themselves in the future.
There are two main types of Lasting Power of Attorney:
The responsibilities of an attorney will depend on the type of LPA created and the authority given by the donor.
It is important to remember that an attorney does not become the owner of the donor’s money, property, or personal decisions. They are acting on behalf of the donor and must always put the donor’s interests first.
Life can change unexpectedly. Illness, accidents, or conditions that affect memory and decision-making can make it difficult for someone to manage important matters independently.
Creating an LPA allows a person to decide in advance who they would trust to help them if they are no longer able to make certain decisions themselves.
For example, someone may choose their adult child as an attorney so that, if they become seriously unwell, bills can continue to be paid, financial arrangements can be managed, and important decisions can still be made according to their wishes.
Choosing an attorney is a very personal decision. The donor should consider someone who is trustworthy, responsible, and understands their values and preferences.
When an attorney can act depends on the type of LPA and the circumstances involved.
A Property and Financial Affairs LPA can usually be used once it has been registered, unless the donor has included specific instructions that limit when it can be used.
This means an attorney may be able to help with financial matters even if the donor still has mental capacity and simply wants assistance managing their affairs.
For example, an older person may appoint an attorney to help with banking, paperwork, or paying household bills while they remain fully capable of making their own decisions.
A Health and Welfare LPA works differently. Attorneys can only make decisions when the donor is unable to make those decisions themselves.
This may include decisions about:
The donor’s wishes and feelings should always be considered when decisions are made.
Becoming an attorney is a position of trust. Attorneys have a legal duty to act responsibly and follow the rules set out under the Mental Capacity Act 2005.
The main responsibilities of an attorney include:
An attorney must always make decisions based on what is best for the donor, rather than what may be most convenient for themselves or others.
This means considering the donor’s wishes, beliefs, values, and preferences when making decisions.
For example, if an attorney is helping manage finances, they should consider how the donor would want their money used rather than making decisions based solely on their own opinions.
An attorney should not automatically make decisions simply because they have been appointed.
The donor should be supported to make their own choices wherever possible. Having an attorney does not remove a person’s independence or right to make decisions.
Good support may include:
The donor may include instructions or preferences within their LPA. Attorneys should carefully read and understand these before making decisions.
Instructions are things an attorney must follow, while preferences provide guidance about how the donor would like decisions to be approached.
Understanding these details helps ensure the attorney acts in a way that reflects the donor’s wishes.
Attorneys may have access to sensitive personal, financial, or medical information. This information should be handled carefully and only shared when appropriate.
Respecting confidentiality is an important part of maintaining trust between the donor and their attorney.
Attorneys should keep clear records of decisions they make, especially when managing financial matters.
Keeping organised records helps demonstrate that decisions have been made responsibly and in the donor’s best interests.
Examples of records an attorney may need to keep include:
One of the most common reasons people create a Property and Financial Affairs LPA is to ensure someone they trust can help manage their finances if they are unable to do so themselves.
Acting as a financial attorney can involve a wide range of responsibilities. The attorney must always remember that the money and assets belong to the donor, not to them.
An attorney may be responsible for tasks such as:
Every decision should be made carefully and with the donor’s best interests in mind. An attorney should avoid making choices based on their own financial preferences or what may benefit other family members.
For example, if an attorney is managing a parent’s finances, they should not use the parent’s money to pay their own bills or treat the funds as family money. The attorney’s role is to protect and manage the donor’s finances, not to gain personally from their position.
One of the most important responsibilities of a financial attorney is keeping the donor’s finances separate from their own.
This helps maintain clear records and ensures there is no confusion about whose money is being managed.
Good practice includes:
Clear record-keeping protects both the donor and the attorney. It demonstrates that decisions have been made responsibly and transparently.
A Health and Welfare LPA gives an attorney authority to make certain personal decisions on behalf of the donor if they no longer have the ability to make those decisions themselves.
These decisions can be deeply personal and require sensitivity, patience, and a clear understanding of what matters most to the donor.
Depending on the circumstances, a Health and Welfare attorney may be involved in decisions about:
When making these decisions, the attorney should consider what the donor would have wanted. This may include conversations they had previously, written preferences, family discussions, or details included within the LPA.
For example, if someone has always expressed that they would prefer to remain at home for as long as possible, their attorney should take this into account when considering care arrangements.
An attorney must always understand the limits of their authority. An LPA does not give an attorney unlimited power to make any decision they choose.
The authority an attorney has depends on:
If an attorney is unsure whether they have the authority to make a particular decision, they should seek appropriate guidance before acting.
Attorneys must avoid situations where their own interests conflict with the interests of the donor.
This can sometimes be challenging, particularly when family members are involved. However, the attorney’s responsibility is always to the donor.
Examples of potential conflicts of interest include:
If a difficult situation arises, the attorney should carefully consider what the donor would have wanted and ensure their decisions are fair, reasonable, and properly recorded.
Being appointed as an attorney is a position of trust. There are certain actions an attorney must avoid because they could harm the donor or misuse the authority they have been given.
An attorney must never:
It is also important that an attorney does not assume they know what is best simply because they are acting on behalf of someone else. The donor remains at the centre of all decisions.
One area that can sometimes cause confusion is gifting. Many people assume that an attorney can freely give away the donor’s money to family members or friends, but this is not generally the case.
Any gifts made by an attorney must be within the limits allowed and should always be considered carefully.
Examples of situations where gifting may be appropriate could include customary occasions such as birthdays or celebrations where this reflects the donor’s usual behaviour and wishes.
However, large gifts, unusual financial arrangements, or decisions that significantly reduce the donor’s assets may require further consideration or permission.
Attorneys often work alongside family members, carers, healthcare professionals, and financial organisations. Good communication can help ensure decisions are made smoothly and with the donor’s needs in mind.
However, attorneys should remember that their responsibility is to the donor rather than to other relatives or interested parties.
Helpful approaches include:
Becoming an attorney is a meaningful responsibility. While the role may seem straightforward at first, it can involve important decisions that affect someone’s finances, care, and quality of life.
The best attorneys are those who understand their duties, take time to consider decisions carefully, and always keep the donor’s wishes at the heart of everything they do.
Having a clear understanding of the role before agreeing to become an attorney can help prevent misunderstandings and provide reassurance for both the donor and their chosen representative.
If you have agreed to become an attorney under a Lasting Power of Attorney, taking time to understand your responsibilities can help you carry out the role confidently and effectively.
Use the following checklist as a helpful reminder of the key responsibilities involved:
Being organised and keeping clear records from the beginning can make the role much easier and provide reassurance that decisions are being made properly.
Even when someone becomes an attorney with the best intentions, mistakes can happen if they do not fully understand their responsibilities.
Some common mistakes include:
An attorney’s authority is limited to the powers granted within the LPA. It is important to understand what decisions you can make and when you can make them.
If you are unsure whether a particular decision falls within your authority, it is always better to seek advice before taking action.
Attorneys must avoid making decisions based on what they personally think is best. The focus should always remain on the donor’s wishes, values, and interests.
For example, an attorney may personally prefer a certain care arrangement, but the correct decision should be based on what the donor would have wanted.
Keeping records may feel unnecessary for small decisions, but good record-keeping is an important part of being a responsible attorney.
Clear notes and financial records can help explain why decisions were made and demonstrate that the donor’s interests were considered.
Being an attorney does not automatically mean taking control of all decisions. The donor should continue making their own decisions whenever they have the ability to do so.
Supporting independence is a key part of the attorney’s role.
Yes. Someone should only become an attorney if they are comfortable accepting the responsibility involved. Being appointed as an attorney is a choice, and it is important to consider whether you are able to take on the role before agreeing.
Yes. A donor can appoint more than one attorney. They can decide whether attorneys must act together on all decisions or whether they can act separately depending on the circumstances.
Most attorneys act on a voluntary basis, particularly when appointed by a family member or close friend. However, professional attorneys may have different arrangements depending on the circumstances.
No. Attorneys must always consider the donor’s wishes, feelings, values, and beliefs. Decisions should not be based simply on what the attorney prefers.
If more than one attorney has been appointed, disagreements can sometimes occur. The best approach is to communicate openly, focus on the donor’s best interests, and try to reach a decision that reflects their wishes.
In certain circumstances, an attorney can choose to stop acting. However, the process depends on the situation and the type of LPA involved.
Anyone considering stepping down should ensure the donor’s interests continue to be protected and seek appropriate guidance if needed.
An attorney who does not act appropriately may potentially be removed through the relevant legal process. Attorneys must always remember that they are trusted to act responsibly on behalf of the donor.
Choosing an attorney is one of the most important decisions a person makes when creating a Lasting Power of Attorney.
The right attorney is not necessarily the closest family member or the person who expects to take on the role. They should be someone who is reliable, trustworthy, and willing to put the donor’s needs first.
When choosing an attorney, consider whether the person:
Having an open conversation with your chosen attorney before creating an LPA can help everyone understand what is expected and provide reassurance for the future.
Being an attorney for a Lasting Power of Attorney is a position of trust and responsibility. It involves much more than simply making decisions on someone else’s behalf. It requires patience, care, honesty, and a commitment to always acting in the donor’s best interests.
A good attorney understands that their role is to support the donor, protect their wishes, and help ensure important decisions are handled properly if support is needed in the future.
Whether you are considering becoming an attorney or you are preparing a Lasting Power of Attorney yourself, understanding the responsibilities involved is an important part of making informed choices.
At Libra LPA, we provide clear and practical Lasting Power of Attorney (LPA) Help, Support & Guidance Online to make the process easier to understand. From choosing attorneys to preparing your LPA correctly, we are here to help you feel confident about the decisions you make.
If you would like expert guidance on creating a Lasting Power of Attorney or understanding the responsibilities of an attorney, contact Libra LPA today and take the next step towards protecting your future.
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