Stepping Into Their Shoes: Your Guide to Acting as an Attorney Under a Lasting Power of Attorney

January 16, 2026

We often talk about creating Lasting Powers of Attorney (LPA) and why they’re so important. But what about the people being appointed as Attorneys? They are rarely told what the role really involves; both when they sign the document and when the time comes to use it.

Being asked to act as someone’s attorney is a big responsibility, but it’s also a sign of trust. If you’ve been appointed, you’re thinking about agreeing or the time has come for the documents to be used, here’s some initial considerations.

What is an LPA?

An LPA is a legal document that allows someone (called the donor) to choose one or more people (called attorneys) to make decisions for them if they become incapable of doing so for themselves. There are two types:

  • Property and Financial Affairs. This is managing money, bills, property and investments.
  • Health and Welfare. This includes decisions about care, medical treatment, and living arrangements as well as considerations around end of life care and decisions.
When Can You Act as an Attorney?
  • For Property and Financial Affairs, the donor can choose whether you act straight away or only if they lose capacity. When you sign the document, check the section that says when you can start acting. If the donor allows you to act before they lose capacity, that doesn’t mean you take over everything. You can only act if the donor asks you to or gives permission for specific decisions.
  • For Health and Welfare, you can only act when the donor can’t make decisions themselves. There is no option to use the Health and Welfare document whilst the donor retains their capacity.

Also, check whether you act jointly (all attorneys must agree on every decision) or jointly and severally (you can act alone or together). If it’s joint, even minor decisions must be agreed by all attorneys.

Your Main Duties as an Attorney under an LPA
  • Act in the donor’s best interests. Every decision should be about what’s best for the donor, not what’s easiest for you. This is the main purpose of the documents and is the key duty.
  • Keep the donor involved in decisions.  If they can still make some decisions, help them do so. Capacity isn’t all-or-nothing. Someone might not manage bills but still choose what to wear or what to eat. For example, it may be that the donor cannot understand and manage their own bills, but this does not mean that they cannot be trusted with money at all. Each decision should be treated separately and there should not just be a blanket approach to not having capacity due to not having the capacity to do one thing.
  • Follow the rules within the document. Check for any instructions or restrictions. These might include things you must do or things you’re not allowed to do.
Managing Money as an Attorney

If you’re handling finances, you might:

  • Pay bills and manage bank accounts.
  • Deal with pensions or benefits. You should ensure that all benefits that are able to be claimed by the donor are being claimed and if they are not, you should claim them on behalf of the donor.
  • Look after property—maybe even sell it if needed.
  • Buy clothes, trips etc for the donor.
  • Gift in the usual way the donor would have gifted had they had the capacity do so and if there is proof that they had made such gifts in the past.

Top tips:

  • Keep clear records of everything you do. Keep receipts and notes of the decisions and payments made. It protects you and shows you’re acting properly. Should you be unsure of any decisions be sure to take advice.
  • Do not allow for your funds to mix with the donor’s funds. Separate accounts should be kept with their money and this should not include any of yours. It can be very difficult to keep track of whose money has been spent on what and can become a nightmare to explain should you need to in the future.
Making Health and Care Decisions as an Attorney

If you’re appointed for health and welfare, you might decide:

  • Where the donor lives.
  • What medical treatment they receive.
  • Day-to-day care arrangements.

Top tip: While the donor still has capacity, ask about their preferences:

  • Would they want to stay at home or move to a care home?
  • Do they have dietary needs or dislikes?
  • What are their views on medication or life-sustaining treatment?
  • What comforts them when they’re stressed? Sometimes small things like a favourite film or a walk can make a big difference.
When You Need Court Approval

Some decisions are too significant for an attorney to make alone. You’ll need permission from the Court of Protection. Examples include:

  • Making large gifts or gifts outside what’s considered reasonable.
  • Changing the donor’s Will.
  • Making decisions that go beyond the authority given in the LPA.
  • Selling property at below market value or transferring assets in unusual ways.

If you’re unsure whether a decision needs court approval, it’s always better to check first as acting without permission could lead to serious consequences.

Other points to note

If you don’t want to act, tell the donor before signing. If you’ve already signed, you can still step down, you just have to notify the Office of the Public Guardian (OPG).

If the donor dies, the LPA ends automatically. After that decisions are made by their Executor or Administrator.

In conclusion, acting as an attorney is about trust, care, and responsibility. The donor’s best interest is the most important thing. If you’re unsure about anything, get advice—because doing the right thing matters.

How can we help

If you have been appointed as an Attorney and need expert advice on how to act, contact us to speak to a member of our Private Wealth and Inheritance Team or join us at our free Wills, Trusts and LPA coffee morning.

Graeme Black
Partner, Private Wealth & Inheritance
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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