Attorney Duties Under a Lasting Power of Attorney Explained

In short: Attorney duties under a lasting power of attorney (LPA) in England and Wales are to act honestly and in the donor’s best interests, stay within the powers in the LPA, and keep the donor’s money separate from your own. GOV.UK says you cannot start acting until the LPA is registered with the Office of the Public Guardian (OPG). This guide sets out the responsibilities of an attorney as at November 2026 and where to get help.

What attorney duties mean in practice

Attorney duties are the legal responsibilities you take on when someone appoints you under a lasting power of attorney. GOV.UK says the law requires you to act honestly and in the donor’s best interests, and that you do not need legal experience to do it. The donor is the person who made the LPA.

The responsibilities of an attorney apply whether you manage money and property, make health and welfare decisions, or both. Attorney duties are the same in England and in Wales, because an LPA is legally binding in both nations. For the wider picture, see our guide to lasting power of attorney.

GOV.UK lists these core duties for attorneys (as at November 2026):

• Follow the restrictions and conditions the donor set in the LPA.
• Act in the donor’s best interests and help them make their own decisions where possible.
• Keep the donor’s money and property separate from your own.
• Respect the donor’s confidentiality.
• Keep records of your actions.
• Tell the donor and OPG if you no longer want to act.
• Give OPG information about how the LPA is used, if it asks.

GOV.UK also says you must not use your position to benefit yourself, let other people use the LPA to make decisions, or use the LPA before it is registered.

The five principles behind attorney duties

Every attorney must follow the five principles in section 1 of the Mental Capacity Act 2005, and they shape all attorney duties. The Mental Capacity Act Code of Practice explains how they apply to attorneys, and GOV.UK’s guides for attorneys point to it.

1. Assume the donor can make a decision unless it is established that they cannot.
2. Do not treat the donor as unable to decide until all practicable steps to help them have been taken without success.
3. Do not treat the donor as unable to decide just because they make an unwise decision.
4. Anything done or decided for a person who lacks capacity must be done in their best interests.
5. Before acting, consider whether the purpose can be achieved in a way that is less restrictive of the person’s rights and freedom of action.

Capacity is judged for each decision at the time it needs to be made. Someone may be able to decide one matter and not another. Our guide to mental capacity assessment explains how this works. GOV.UK’s guidance suggests a simple check before you act: think about whether the donor can be helped to decide for themselves, and apply the best interests test if they cannot.

Acting in the donor’s best interests

Acting in best interests means each decision must be the best choice for the donor, not one that mainly suits other people. GOV.UK says you should consider what the donor, as an individual, would want, and should not assume it from their age, behaviour, condition or appearance.

Some practical points:

• Talk with the donor beforehand, where you can, about their money and their care preferences.
• Read the LPA again for any restrictions or guidance the donor wrote into it.
• Help the donor to decide for themselves for as long as they are able.
• Choose the option that restricts the donor’s freedom least.
• For important decisions, GOV.UK’s health and welfare guide suggests recording the decision and why it was in the donor’s best interests.

If there is more than one attorney, the LPA says whether you act jointly, jointly and severally, or a mix of both. Where you must act jointly, all attorneys have to agree. If attorneys cannot resolve a disagreement, an application to the Court of Protection may be needed. For health decisions, see our guide to the health and welfare LPA.

Record keeping and keeping money separate

You must keep the donor’s money and property separate from your own, and keep records of what you do. GOV.UK makes one exception: a joint bank account or jointly owned home that already existed before you became attorney.

GOV.UK’s guide for property and financial affairs attorneys suggests you:

• Write down income, larger outgoings and any gifts.
• Keep bills and receipts.
• Keep benefit, pension and tax letters, bank and credit card statements, property deeds and the LPA document itself.

GOV.UK says your decisions can be checked, so clear records protect both you and the donor. Good record keeping is one of the most practical attorney duties. Banks and other organisations will ask you to prove your authority, usually by showing the registered LPA. If you are unsure what to record, OPG can give advice.

Gifts, expenses and conflicts of interest

An attorney may give only limited gifts, and must not make a profit or benefit personally from acting for the donor. GOV.UK says you can use the donor’s money to look after their home and buy what they need day to day.

On gifts, GOV.UK says that without court approval you may give gifts on occasions when you would normally give them, such as birthdays or anniversaries, and make charitable donations the donor would not object to. You cannot donate their money if that would mean they could not afford their care. These limits on gifts are part of your attorney duties. The Mental Capacity Act also requires that the value of each gift is not unreasonable in all the circumstances. For any other gift or donation, you must apply to the Court of Protection. GOV.UK gives examples such as school or university fees, rent-free use of the donor’s property and interest-free loans.

A conflict of interest arises when a decision could benefit you personally at the donor’s expense. GOV.UK advises getting legal advice before selling property below market value, buying it yourself or giving it to someone else. If you are unsure whether your own out-of-pocket costs can be reimbursed, check with OPG before you pay yourself anything. Where there is no LPA in place and one can no longer be made, the court may appoint a deputy instead, which our guide to Court of Protection deputyship explains.

When a lasting power of attorney can be used

An LPA can be used only once it has been registered with the Office of the Public Guardian. GOV.UK says that if it is not registered, the attorney will not be able to make decisions, and a registered LPA is stamped validated-OPG. GOV.UK says registration takes 8 to 10 weeks if there are no mistakes, and its guidance for attorneys says it can take up to 16 weeks (as at November 2026).

Beyond registration, the rules depend on the type of LPA:

• Health and welfare: it can only be used when the donor cannot make their own decisions. It covers matters such as daily routine, medical care and moving into a care home. Attorneys can make decisions about life-sustaining treatment only if the donor chose to give that power in the LPA.
• Property and financial affairs: GOV.UK says it can be used as soon as it is registered, with the donor’s permission. GOV.UK’s guide for attorneys explains when you can start acting while the donor still has capacity. Otherwise you can only start when the donor lacks mental capacity.

Scotland and Northern Ireland have separate arrangements, so an English or Welsh LPA does not govern them. See our guides to power of attorney in Scotland and, for Northern Ireland, our separate guide to enduring power of attorney.

OPG supervision and what happens if powers are misused

OPG can ask attorneys for information about how an LPA is being used, and can act on concerns that are reported. GOV.UK says you must give OPG that information if it asks. GOV.UK does not set out a routine checking schedule for attorney duties, so do not assume an attorney will be reviewed automatically. Power of attorney responsibilities are still enforceable.

On misuse, GOV.UK says an attorney can be ordered to repay the donor’s money if they misuse it or make decisions to benefit themselves. After a report, OPG decides whether the law allows it to investigate. It may ask the person who reported for more detail, contact the attorney, decide that no further action is needed, take legal action, or apply to the Court of Protection.

To register a concern about an attorney:

• Anyone can report one, even if it does not affect them directly.
• Use the online form on GOV.UK, or phone OPG on 0300 456 0300.
• Give what you know: who is involved, what happened, and any dates or amounts. You can report without having all the details.
• OPG says it will not tell the attorney where the report came from.

OPG can only investigate when the donor lacks the mental capacity to deal with the issue themselves. If someone is in immediate danger, contact the emergency services or the local council’s adult safeguarding team. This is general information, not legal advice. Speak to a solicitor about your own circumstances.

Frequently asked questions

What are an attorney’s main duties under an LPA?

GOV.UK says an attorney must act honestly and in the donor’s best interests, follow any restrictions in the LPA, help the donor decide for themselves where possible, keep the donor’s money separate from their own, respect confidentiality and keep records. An attorney must not use the position for personal benefit. This is the position as at November 2026.

Can an attorney use the LPA before it is registered?

No. GOV.UK says you cannot start acting until the LPA is registered with the Office of the Public Guardian, and a registered LPA is stamped validated-OPG. GOV.UK says registration takes 8 to 10 weeks if there are no mistakes, and its attorney guidance says it can take up to 16 weeks.

Can an attorney give gifts from the donor’s money?

Only in limited cases. GOV.UK says you can give gifts on occasions when you would normally give them, such as birthdays or anniversaries, and make charitable donations the donor would not object to, provided the donor can still afford their care. Any other gift needs an application to the Court of Protection.

Does an attorney have to keep records?

Yes. GOV.UK says attorneys must keep records of their actions and that decisions can be checked. Its guidance suggests noting income, larger outgoings and gifts, and keeping bills, bank statements, benefit and pension letters, property deeds and the LPA. OPG can ask for information about how the LPA is being used.

What happens if an attorney misuses their powers?

GOV.UK says an attorney can be ordered to repay the donor’s money if they misuse it or make decisions to benefit themselves. After a report, OPG may ask for more information, contact the attorney, take no further action, take legal action or apply to the Court of Protection.

Who can report a concern about an attorney?

Anyone can report, even if the issue does not affect them directly, using the online form on GOV.UK or by phoning OPG on 0300 456 0300. OPG says it will not tell the attorney where the report came from. OPG can only investigate when the donor lacks capacity to deal with the issue themselves.

Can an attorney make health decisions at any time?

No. GOV.UK says a health and welfare LPA can only be used when the donor cannot make their own decisions, and capacity is judged for each decision when it needs to be made. An attorney can only decide about life-sustaining treatment if the donor gave that power in the LPA.

Official sources

• GOV.UK: Make, register or end a lasting power of attorney
• GOV.UK: Register a lasting power of attorney
• GOV.UK: Manage a lasting power of attorney
• GOV.UK: Property and financial affairs LPA, using it as an attorney
• GOV.UK: Getting started as an attorney, property and financial affairs (LP11)
• GOV.UK: Getting started as an attorney, health and welfare (LP10)
• GOV.UK: Report a concern about an attorney, deputy or guardian
• legislation.gov.uk: Mental Capacity Act 2005, section 1
• legislation.gov.uk: Mental Capacity Act 2005, section 12

This page is general information, not legal, medical or financial advice. The Care Panel is an independent guide and is not part of any government body or care provider. Last checked 9 November 2026.

Related: How to get power of attorney · Lasting power of attorney or deputyship · Enduring power of attorney in Northern Ireland

See also: Types of Power of Attorney: Ordinary, Enduring and Lasting · Will and Lasting Power of Attorney: Why You Need Both

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.