Understanding Your Role & Responsibilities as an Attorney with Lasting Power

Being asked to be someone’s attorney under a Lasting Power of Attorney is one of the greatest honours you can receive.

It means they trust you to help them make decisions, and to protect their wellbeing, finances, and wishes if they cannot do it themselves.

It is, however, also a significant responsibility, and one that many people accept without fully understanding what is involved.

This article will walk you through everything you need to know about being an attorney, from what the role actually means to the practical steps you will need to take. We have created it to help you feel informed, prepared, and supported.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney, often shortened to LPA, is a legal document that lets someone, ‘the donor’, appoint one or more people, ‘the attorneys’, to help them make decisions.

There are two types of LPA:

• Health and Welfare LPA

• Property and Financial Affairs LPA

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

What Is an Attorney?

An attorney is the person, or people, named on an LPA who are legally authorised to make decisions on behalf of the donor.

You are essentially the project manager of their decision-making, making sure choices are made properly, legally, and with care.

Depending on the type of LPA, you may be dealing with:

• Bank accounts, bills, property, and financial paperwork

• Care arrangements and medical decisions

• Conversations with family members and professionals

It is a role that requires organisation, patience, and compassion.

What Does an Attorney Actually Do?

Your role as an attorney involves three main areas of responsibility.

1. Administrative Responsibilities

1. Understanding the LPA, what powers it gives you, and any restrictions or guidance included.

2. Making sure the LPA is registered with the Office of the Public Guardian.

3. Keeping copies of the registered LPA safe, and sharing them only when needed.

4. Keeping clear records of decisions made and actions taken.

5. Communicating with professionals, banks, care providers, and family members.

2. Financial Responsibilities (Property and Financial Affairs LPA)

1. Managing day-to-day finances, such as paying bills and managing income.

2. Keeping the donor’s money separate from your own.

3. Managing bank accounts, savings, pensions, and investments.

4. Handling benefits, allowances, and financial support applications.

5. Managing property, including maintenance, insurance, and potentially selling a home if appropriate.

6. Acting prudently, avoiding unnecessary risk, and making decisions in the donor’s best interests.

3. Legal and Emotional Responsibilities

1. Acting in the donor’s best interests at all times.

2. Supporting the donor to make their own decisions wherever possible.

3. Following the Mental Capacity Act principles.

4. Respecting the donor’s wishes, values, and beliefs.

5. Managing family dynamics and staying impartial.

6. Knowing when to seek professional help.

The Attorney’s Journey – Step by Step

Here is what you will need to do, broken down into manageable stages. Remember, you do not have to do this alone. Professional support is available at every step.

Before You Ever Need to Use the LPA

Read the document carefully

• Check which type of LPA it is, who the donor is, who the attorneys are, and whether you must act:

• Jointly, meaning you must make decisions together

• Jointly and severally, meaning you can act together or independently

• Check any instructions or preferences. The donor may have included restrictions, for example, you can manage bills but cannot sell property. They may have preferences about care too.

• Make sure it is registered An LPA cannot be used until it is registered with the Office of the Public Guardian and if this is not done while the donor has capacity it can take a lot longer to go through.

• Talk things through If the donor is comfortable, discuss what they would want in different scenarios. This makes future decisions much easier.

When the LPA Needs to Be Used

Confirm whether the donor has capacity

For a Property and Financial Affairs LPA, the donor can choose for it to be used while they still have capacity, if they want help.

For a Health and Welfare LPA, it can only be used when the donor lacks capacity to make that specific decision.

Notify relevant organisations

You may need to provide certified copies of the registered LPA to banks, pension providers, utility companies, care providers, or medical teams.

Set up practical systems Create a simple record-keeping system for:

• Decisions made and why

• Money in and money out

• Conversations with professionals

• Copies of letters and emails

• Ongoing: Acting as an Attorney

Support decision-making

Help the donor make their own decisions wherever possible. Capacity can fluctuate, and it is decision-specific.

Manage finances carefully If you are handling money, keep everything transparent and
well documented.

Make ‘best interests’ decisions If the donor cannot decide, you must decide in their best interests, considering:

• Their past and present wishes

• Their values and beliefs

• The views of people close to them

• The least restrictive option

Review regularly

Circumstances change. Keep care arrangements, finances, and key documents under review.

How Long Does It Last?

An LPA lasts until the donor dies, unless it is cancelled earlier.

It may also end if:

• The donor revokes it while they still have capacity.

• An attorney can no longer act, for example due to ill health, bankruptcy for financial LPAs, or death.

• The Court of Protection cancels it.

Can You Say No?

Yes. You do not have to accept the role.

If you have been asked to be an attorney and you feel it is too much, you can decline before the LPA is registered, or you can formally disclaim the role later, depending on the situation.

You might want to step back if:

• You live far away and cannot support the donor properly.

• You have health issues or caring responsibilities.

• You are not confident handling financial or care decisions.

• There is likely to be family conflict you do not want to be caught in the middle of.

Can You Get Help?

Absolutely. Many attorneys work with solicitors, financial advisers, or care specialists.

This is especially helpful if:

• The donor’s finances are complex.

• There is property involved.

• There are safeguarding concerns.

• There are disputes within the family.

• You are not confident with legal or
  financial paperwork.

Professional fees may be paid from the donor’s funds, as long as the costs are reasonable and in the donor’s best interests.

What If Something Goes Wrong?

As an attorney, you have a legal duty to act in the donor’s best interests.

If you misuse the donor’s money, make decisions outside your authority, or fail to keep proper records, you could be investigated by the Office of the Public Guardian, and in serious cases you could be held personally liable.

That is why it is so important to:

• Keep detailed records of everything you do.

• Keep the donor’s finances separate from your own.

• Avoid gifts unless the law allows it and it is clearly appropriate.

• Get professional advice if you are unsure.

• Communicate clearly with relevant people, whilst respecting confidentiality.

Questions to Ask the Person Who’s Named You

1. If someone asks you to be their attorney, here are some helpful questions to ask them while they are still able to have the conversation.

2. Which type of LPA are you making, Health and Welfare, Property and Financial Affairs, or both?

3. When would you want me to start helping, only if you cannot manage, or sooner for support?

4. Are there any decisions you feel strongly about, for example care at home, moving into care, or managing investments?

5. Who else should I keep informed, and how do you want family involved?

6. Where will the original documents be stored?

7. Do you have a list of key accounts, policies, and regular payments?

8. Is there anyone you do not want involved in decisions?

Having these conversations now can save enormous stress and confusion later.

Final Thoughts

Being an attorney is a big responsibility, but it is also a practical act of care for someone who trusted you.

You do not have to be a legal or financial expert. You just need to be organised, honest, and willing to ask for help when you need it.

Whether you need professional support, a sounding board, or just someone to help you understand what comes next, we are here.

Because life is too short to navigate these moments without the right support.