This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about the responsibilities of an attorney under a lasting power of attorney in England and Wales, including legal duties, best interest decision‑making, record keeping, confidentiality, financial management and compliance with the Mental Capacity Act and Office of the Public Guardian requirements.
When someone appoints you as an attorney under a lasting power of attorney (LPA) in England and Wales, you take on significant legal duties. An attorney's role is to make decisions for the donor (the person who made the LPA) when they cannot make those decisions themselves, or in some cases from the date the document is registered. Acting as an attorney involves legal, ethical and practical responsibilities that must be understood clearly before accepting the role. This article outlines those responsibilities in a structured, accessible way, reflecting current law and official guidance.
What the Law Requires
LPAs are governed by the Mental Capacity Act 2005 and administered by the Office of the Public Guardian (OPG). Once registered with the OPG, an attorney's authority becomes effective and legally binding. Attorneys must follow statutory principles and duties set out in the Act and its associated Code of Practice. These rules exist to protect the donor's rights and ensure that decisions made on their behalf are fair, lawful and in their best interests. If an attorney fails to act appropriately, the OPG or the Court of Protection may intervene.
Core Legal Principles for Attorneys
Attorneys must comply with both statutory and fiduciary duties. These are obligations recognised under the Mental Capacity Act and at common law. Key legal principles include:
Act Within the Scope of the LPA
An attorney must only make decisions that the LPA explicitly authorises. The document itself sets out which powers are granted - for example, decisions about the donor's finances or their health and welfare. Decisions outside that scope have no legal authority.
Make Decisions in the Donor's Best Interests
Every decision must be made in the donor's best interests, considering their needs, values, beliefs and past and present wishes. Where possible, you should consult the donor and encourage them to participate in decision‑making as far as they are able. This reflects the fundamental principle of promoting autonomy and dignity in decision‑making.
Follow the Mental Capacity Act Principles
The Mental Capacity Act sets out five statutory principles attorneys must uphold:
- Presume capacity unless it is established otherwise.
- Enable the donor to make their own decisions where practicable.
- Do not assume incapacity simply because a decision seems unwise.
- Always act in the donor's best interests.
- Choose the option that least restricts the donor's rights and freedoms.
Practical Responsibilities
Keeping Accurate Records
Attorneys, especially those appointed under a property and financial affairs LPA, must keep detailed and accurate records of all decisions and transactions made on the donor's behalf. This includes bank statements, receipts, investment records, invoices and notes explaining decisions. These records may be requested by the OPG for inspection.
Keeping Donor's Finances Separate
If you are managing the donor's money and assets, you must keep these separate from your own. This typically means using separate accounts and avoiding any mingling of personal and donor funds. This requirement helps prevent disputes and allegations of financial impropriety.
Respecting Confidentiality
Information about the donor's personal affairs must remain confidential unless disclosure is required by law or clearly in the donor's best interests to inform others involved in their care and welfare. Confidentiality supports trust and protects the donor's privacy.
Acting in Good Faith and Avoiding Conflicts
Attorneys have a fiduciary duty to act honestly and with integrity, meaning you must not place yourself in a position where your personal interests conflict with the donor's interests. Decisions should benefit the donor, not the attorney, even where legal authority exists to act.
Not Delegating Authority Unless Permitted
Generally, an attorney must make decisions personally. The role cannot be delegated to another person unless the LPA document explicitly allows it. Seeking professional advice (for example from financial advisers or medical professionals) may be appropriate, but the final decision remains your responsibility.
Specific Duties by Type of LPA
Property and Financial Affairs Attorneys
If appointed under a property and financial affairs LPA, your duties include:
- Managing bank and building society accounts.
- Paying bills and household expenses.
- Collecting pensions, benefits or income.
- Making investment decisions consistent with the donor's best interests.
- Buying or selling property when authorised and appropriate.
These duties must always be exercised with prudence and transparency. You may need to apply to the Court of Protection for certain actions (for example, if a property sale is below market value or if you intend to buy the donor's property yourself).
Health and Welfare Attorneys
If appointed under a health and welfare LPA, your responsibilities involve personal care decisions, including:
- Where the donor should live.
- Accepting or refusing medical treatment (if the LPA authorises this).
- Decisions about daily routines such as diet and personal care.
These decisions must respect the donor's best interests, prior wishes and values. A health and welfare attorney can act only when the donor lacks capacity to make the specific decision themselves.
Best Practice in Decision‑Making
Involving the Donor
Even where the donor lacks capacity for certain decisions, you should still involve them in discussion when feasible and appropriate. This demonstrates respect for their autonomy and supports ethical decision‑making.
Consulting Others
Depending on the situation, it may be appropriate to consult family members, carers or healthcare professionals to inform decisions. While these consultations do not replace your responsibility, they can provide valuable insight into the donor's values and circumstances.
Avoiding Abuse of Authority
Using your role to benefit yourself or others at the expense of the donor is unlawful and may lead to investigation by the OPG, removal as an attorney, and even criminal prosecution. Attorneys must avoid any action that could be interpreted as misuse of position.
Accountability and Supervision
Attorneys are accountable to the Office of the Public Guardian, which supervises compliance with legal duties. The OPG can investigate concerns about how an attorney is behaving, and where serious issues arise, it may involve the Court of Protection. Courts can modify or revoke an attorney's authority if they breach their duties or act unlawfully.
Key Takeaways
Accepting appointment as an attorney under an LPA in England and Wales carries significant responsibilities. An attorney must:
- Act within the legal authority granted by the LPA.
- Make decisions in the donor's best interests and follow the Mental Capacity Act principles.
- Keep accurate and transparent records of decisions and financial transactions.
- Preserve the donor's confidentiality and avoid conflicts of interest.
- Respect the donor's autonomy and involve them as far as possible.
These duties protect the donor's welfare, legal rights and financial interests. Effective and conscientious attorneys help ensure that the donor's intentions are respected and that difficult decisions are handled lawfully and ethically.
