What is an Attorney?

Responsibilities:

Attorneys have different responsibilities, depending on the type of LPA, but they must always:

• Always act in the donor's best interests.
• Follow the principles of the Mental Capacity Act 2005.
• Keep records of decisions.
• Keep the donor's money and property separate from their own.
• Only act within the powers set out in the registered LPA.

Who can be an Attorney?

Attorneys must be over 18, have mental capacity, and can be:

• Family members.
• Friends.
• Professionals.

What an Attorney can't do:

While attorneys have wide-ranging powers, there are several things they are not allowed to do:

• Make or amend a will: Attorneys cannot write, reboke or change the donor's will. Only the Court of Protection can authorise changes to a will.
• Benefit personally from the donor's estate: Attorneys cannot use the donor's money, property, or assets for their own benefit, unless there is written authority in the LPA or approval from the Court of Protection.
• Make large gifts or transfers: Attorneys cannot make large financial gifts or give money away for tax planning. Any significant gifting requires Court of Protection approval.
• Delegate their authority: Attorneys must make decisions themselves. They cannot pass their role to someone else.
• Refuse to act: If an attorney wants to step down after the LPA  has been registered, they must formally disclaim their role and notify the OPG and the donor (if they still have capacity).

How Attorneys can act:

If there is more than one attorney they can act:

• Jointly (must act together).
• Jointly and severally (can act together or independently).