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What Can an Attorney Legally Do? (LPA Rules Explained)

· 29 min

Note: The following scenario is fictional and used for illustration.

Helen, 52, was appointed as property and financial affairs attorney for her father Robert, 78, who has early-stage dementia. After the LPA was registered, Helen received Robert's debit card and PIN. Within three months, she used his account to pay for her daughter's wedding venue (£12,000), transferred £5,000 to her own account "for safekeeping," and sold Robert's classic car collection worth £35,000 to pay for his care home fees—without consulting anyone.

When Robert's son discovered the transactions, he reported Helen to the Office of Public Guardian. After investigation, Helen was removed as attorney by the Court of Protection and ordered to repay £17,000. She genuinely believed she was helping her father but didn't understand the strict legal limits on attorney powers.

Helen's case isn't unique. The OPG closed 3,465 investigations in 2024-25, with investigations increasing 28% between 2022-23 and 2023-24. Even well-meaning attorneys can commit serious legal violations through ignorance.

This article explains exactly what you can and cannot do as an LPA attorney, the legal principles you must follow, and how to avoid the mistakes that trigger OPG investigations.

Table of Contents

The Two Types of LPA and What Each Attorney Can Do

Understanding the fundamental difference between the two types of Lasting Power of Attorney is essential before you can act as an attorney. Each type covers completely different areas of decision-making, with distinct legal powers and limitations.

A property and financial affairs LPA gives attorneys authority over money, property, investments, benefits, and tax matters. This includes managing bank accounts, paying bills, buying or selling property, and making investment decisions on behalf of the donor.

A health and welfare LPA covers medical treatment, care decisions, living arrangements, and daily routines. Health attorneys can consent to or refuse medical treatment, choose care homes, arrange home care, and make decisions about the donor's daily life.

The critical distinction between these two types lies in when they can be used. Under the Mental Capacity Act 2005 Sections 9-10, property and financial affairs attorneys can make decisions while the donor still has capacity—if the donor has given permission in the LPA. Health and welfare attorneys, however, can only act after the donor has lost mental capacity to make the specific decision being considered.

Emma appointed her husband as her property attorney while she still has full capacity, so he can manage her rental properties while she travels abroad for work. This is completely legal because property LPAs can be used with the donor's permission even when capacity remains.

The scale of LPA usage in the UK is significant. The Office of Public Guardian received 1.37 million LPA applications in 2024-25, reflecting growing awareness of the need for incapacity planning. With so many attorneys appointed each year, understanding your specific powers and limitations has never been more important.

Feature Property and Financial Affairs LPA Health and Welfare LPA
Decisions Covered Money, property, investments, benefits, tax, business affairs Medical treatment, care arrangements, living arrangements, daily routine
When Can Be Used While donor has capacity (if permitted) or after capacity lost Only after donor loses capacity for specific decision
Key Powers Manage bank accounts, pay bills, sell property, manage investments, claim benefits Consent to medical treatment, choose care home, arrange home care, make daily care decisions
Who Can Be Attorney Anyone 18+, not bankrupt Anyone 18+, not bankrupt
Registration Required Yes, with Office of Public Guardian Yes, with Office of Public Guardian

The Five Principles Every Attorney Must Follow

Every decision you make as an attorney must comply with the five statutory principles set out in Section 1 of the Mental Capacity Act 2005. These aren't suggestions or best practice guidelines—they're legal requirements that govern all attorney conduct.

Principle 1: Assume capacity unless proven otherwise. You cannot assume someone lacks capacity just because they have a dementia diagnosis or make decisions you disagree with. Capacity must be formally assessed for each specific decision.

Principle 2: Help the person make their own decisions. Before making a decision for someone, you must take all practicable steps to help them make it themselves. This might include explaining things in simpler language, choosing a better time of day when they're more alert, or involving someone they trust.

Principle 3: Unwise decisions aren't proof of incapacity. A person with capacity has the right to make decisions that others consider irrational, eccentric, or unwise. Your role isn't to make "better" decisions—it's to respect their choices when they have capacity.

Principle 4: Act in the person's best interests. When the donor lacks capacity for a specific decision, you must use the best interests checklist in Section 4 of the Mental Capacity Act. This requires you to consider whether they'll regain capacity, maximize their participation, consider their past wishes and values, avoid discrimination, and consult family and carers.

Principle 5: Choose the least restrictive option. If you need to restrict someone's rights or freedom to protect them, you must choose the option that interferes least with their autonomy while still meeting the necessary goal.

The Mental Capacity Act Code of Practice provides detailed guidance on applying these principles in practice. The best interests checklist isn't a tick-box exercise—it's a framework for thoughtful decision-making that respects the donor's rights and dignity.

David's mother included instructions in her LPA stating she wants to stay in her home as long as possible. Even though moving her to a care home would be easier and cheaper, David must follow her stated wishes and arrange home care first. That's the least restrictive option that respects her preferences, as required by Principle 5.

What Property and Financial Affairs Attorneys Can Do

Property and financial affairs attorneys have broad authority to manage the donor's financial life. Your powers typically include all the decisions the donor could make themselves about money and property.

You can manage bank accounts, including opening and closing accounts, using debit cards, transferring money, and managing online banking. This gives you day-to-day control over the donor's finances to pay their bills and manage their affairs.

You can pay all the donor's regular expenses, including utilities, council tax, rent or mortgage payments, insurance premiums, and care home fees. You're also responsible for claiming any benefits they're entitled to, such as state pension, attendance allowance, pension credit, or universal credit.

Investment management falls within your authority. You can buy and sell shares, manage ISAs, review investment portfolios, and make investment decisions—provided they're in the donor's best interests and you seek professional advice for complex investments.

Property decisions are a significant part of your role. You can maintain the donor's property, arrange repairs, manage rental properties, collect rent from tenants, and even sell property if necessary for the donor's care or financial needs. However, selling the donor's home has specific considerations and restrictions.

Tax affairs become your responsibility. You can complete tax returns, claim tax reliefs, pay HMRC, and manage all tax matters on behalf of the donor.

If the donor owns a business, you can manage their business interests, sign contracts on their behalf, and employ staff as needed to keep the business running.

Official government guidance confirms that you can claim reasonable expenses for carrying out your attorney duties, such as travel costs, postage, or fees for professional advice you needed to fulfill your role properly.

James uses his mother's property LPA to arrange for her house to be rented out while she's in a care home. The rental income pays for her care fees, and he keeps detailed records of all income and expenses. This is a legitimate use of his attorney powers that benefits his mother financially.

Sarah discovered her father was eligible for attendance allowance but had never applied. Using her property LPA, she submitted the claim and secured £290 per month to help with his care costs—money he was entitled to but would have missed without her intervention.

One critical requirement applies to all these powers: you must keep the donor's money completely separate from your own. You cannot mix funds, even temporarily. Keep meticulous records of every financial decision and transaction—the OPG can request these records at any time.

What Property and Financial Affairs Attorneys Cannot Do

Understanding what you cannot do as a property attorney is just as important as knowing your powers. These boundaries exist to protect donors from abuse and attorneys from unintentional violations.

You cannot change the donor's will. Only the donor can alter their will while they have testamentary capacity. As an attorney, you have no authority over what happens to the estate after the donor's death—your role relates only to their lifetime.

You cannot make large gifts from the donor's money without Court of Protection approval. Section 12 of the Mental Capacity Act 2005 strictly limits gift-giving authority. We'll explore the specific gift rules in detail in a later section.

You cannot benefit yourself from your position. This means no "loans" to yourself from the donor's money, no buying the donor's assets below market value, and no using the donor's money for your own benefit. These actions constitute fraud.

You cannot sell property to yourself, your family, or your friends—even at full market value—without court approval. The conflict of interest is too significant. If you want to buy the donor's property, you must apply to the Court of Protection for permission.

You cannot vote on the donor's behalf. Voting is a personal right that cannot be exercised by an attorney. The same applies to consenting to marriage or civil partnership for the donor—these are personal decisions that attorneys cannot make.

You cannot make health or welfare decisions using a property LPA. If you're appointed as property attorney only, you have no authority over medical treatment, care decisions, or daily welfare matters. Those decisions require a separate health and welfare LPA.

You cannot ignore restrictions or conditions the donor included in the LPA. If the LPA states you must consult certain family members before selling property, or that you cannot sell the family home except in specific circumstances, you must follow those instructions.

You cannot act before the LPA is registered with the Office of Public Guardian. Registration is mandatory—an unregistered LPA has no legal effect, and using it could be considered fraud.

Mark was removed as attorney after using his uncle's LPA to transfer £50,000 to himself, claiming it was a "gift" his uncle would have wanted. The OPG investigated and found no evidence supporting such a large gift. Mark was ordered to repay the full amount plus interest and was permanently removed as attorney.

Linda sold her mother's house to her son at £50,000 below market value, genuinely believing she was helping keep the property in the family. The Court of Protection found this was a prohibited transaction due to the conflict of interest. Linda was removed as attorney, and a professional deputy was appointed at her expense.

Section 27 of the Mental Capacity Act requires attorneys to act in the donor's best interests and comply with the authority granted in the LPA. Violating these boundaries can result in removal, repayment orders, and criminal prosecution under Section 44 for wilful neglect or fraud under the Fraud Act 2006.

What Health and Welfare Attorneys Can Do

Health and welfare attorneys make intimate, life-affecting decisions when the donor can no longer make them independently. Your authority extends to all aspects of the donor's healthcare and daily living—but only when they lack capacity for the specific decision you're making.

You can make daily routine decisions about where the person lives, their daily care arrangements, what they eat, how they dress, and their personal care needs. These seemingly small decisions have profound impacts on quality of life and dignity.

Medical treatment decisions fall within your authority once the donor lacks capacity to consent themselves. You can consent to or refuse medical treatment, speak to GPs, consultants, dentists, and opticians on the donor's behalf, and access their medical records to make informed decisions.

Care arrangements are a core part of your role. You can choose an appropriate care home, arrange home care services, hire private carers, and manage the donor's care plan. These decisions must always prioritize the donor's stated wishes and best interests.

Social care and activities are equally important. You can decide on day centers, social activities, and contact with visitors. Maintaining the donor's social connections and quality of life is a key responsibility.

Life-sustaining treatment represents the most serious decision a health attorney can face. You can only give or refuse consent to life-sustaining treatment if the LPA explicitly grants you this power. This must be clearly stated in the LPA document itself.

Mental health treatment falls partially within your scope. You can consent to some mental health treatments, though certain treatments (like electroconvulsive therapy beyond three months) require additional safeguards under the Mental Health Act.

The critical limitation that distinguishes health LPAs from property LPAs is timing. Under Section 11 of the Mental Capacity Act, you can only act when the donor lacks capacity for the specific decision being made. You cannot make health decisions while the donor still has the capacity to make them themselves.

Rachel uses her health and welfare LPA to consent to her father's hip replacement surgery after his dementia advanced to the point where he couldn't understand the procedure's risks and benefits. The surgeon assessed his capacity for this specific medical decision and confirmed he lacked capacity to consent. Rachel's authority only activated at that point.

Michael arranged for his wife to move into a care home specializing in Alzheimer's care when she could no longer safely live at home. Following her LPA guidance to "prioritize safety and quality of life," he chose a home near family members who could visit regularly. This honored her stated values while meeting her care needs.

Capacity is decision-specific, not all-or-nothing. Your mother might have capacity to decide what to eat for lunch but lack capacity to consent to major surgery. Help her make the decisions she can still make herself—only step in where capacity is genuinely lacking.

What Health and Welfare Attorneys Cannot Do

Even with broad health and welfare authority, significant boundaries limit what you can legally do. These restrictions protect the donor's fundamental rights and ensure attorneys don't exceed their legal authority.

You cannot make decisions while the donor still has capacity for that specific decision. Even if your health LPA is registered and ready to use, it remains dormant until the donor loses capacity for the particular decision you need to make. This is perhaps the most important limitation to understand.

You cannot override the donor's advance decision to refuse treatment. An advance decision (also called a "living will") is legally binding under the Mental Capacity Act. If the donor made a valid advance decision refusing specific treatment, that decision takes precedence over your authority as attorney.

You cannot make property or financial decisions using a health LPA. Your authority is strictly limited to health and welfare matters. You cannot access the donor's bank accounts, sell property, or make any financial decisions without a separate property and financial affairs LPA.

You cannot consent to marriage or civil partnership on the donor's behalf. These are intensely personal decisions that the law considers non-delegable. The same applies to voting—you cannot exercise the donor's right to vote.

Certain mental health treatments require additional safeguards beyond your attorney authority. You cannot consent to electroconvulsive therapy (ECT) for more than three months without second-opinion approval from a doctor appointed by the Care Quality Commission.

You cannot authorize detention under the Mental Health Act. If the donor needs psychiatric hospital treatment and assessment requires detention, a different legal framework applies. Mental Health Act detention decisions lie with doctors and approved mental health professionals, not LPA attorneys.

You cannot make decisions that violate the donor's human rights. Any restraint you authorize must meet strict criteria under Section 6 of the Mental Capacity Act: the person must lack capacity, restraint must be necessary to prevent harm, and the restraint must be proportionate to the risk.

You cannot ignore the donor's stated preferences in the LPA unless following them would clearly not be in their best interests. Those preferences carry significant legal weight and should guide your decision-making.

Sophie cannot use her mother's health LPA to consent to electroconvulsive therapy without additional medical approval because ECT is a restricted treatment under mental health legislation. She would need a second-opinion doctor to approve the treatment plan.

David cannot override his father's advance decision refusing blood transfusions, even though the transfusion would save his life. Advance decisions are legally binding when valid and applicable. David's authority as health attorney doesn't extend to negating his father's prior autonomous choice.

Section 11(7)-(8) of the Mental Capacity Act makes clear that health and welfare LPAs have specific limitations designed to protect donors' fundamental rights and freedoms. Understanding these boundaries helps you act within your legal authority while respecting the donor's dignity and autonomy.

The Gift-Giving Rules: What's Allowed and What Isn't

Gift-giving is the most common trigger for OPG investigations, yet it's also one of the most misunderstood aspects of attorney powers. Section 12 of the Mental Capacity Act 2005 imposes strict limits on an attorney's ability to make gifts from the donor's money.

You can make gifts on "customary occasions" to family members, friends, or people connected with the donor. Customary occasions include birthdays, Christmas, weddings, anniversaries, graduations, and similar celebrations where gift-giving is culturally expected.

You can make charitable donations to charities the donor supported or would likely have supported. This allows you to continue their pattern of charitable giving.

The critical limitation is that all gifts must be "reasonable having regard to all circumstances and, in particular, the size of the donor's estate." This means the gift value cannot be so large that it depletes the donor's resources or affects their ability to afford care or living expenses.

What does "reasonable" actually mean in practice? Court guidance suggests gifts of hundreds of pounds may be acceptable, but gifts of thousands typically require court approval. The exact threshold depends on the donor's total estate value.

If the donor has assets worth £50,000, a £500 Christmas gift to each grandchild might deplete resources dangerously. But if the donor has £500,000 in assets, the same £500 gifts would likely be considered reasonable.

You cannot make large gifts to reduce inheritance tax liability without Court of Protection approval. Tax planning through gifting requires specific court authorization—it's not within the standard attorney gift-giving power.

You cannot make gifts outside customary occasions. A spontaneous £10,000 gift to a family member "because I think they need it" exceeds your authority, even if the donor would have been generous.

Regular large donations require court approval. If you want to continue the donor's pattern of giving £20,000 annually to a grandchild for university costs, you must apply to the Court of Protection for permission.

Any gift that directly benefits you as the attorney creates an immediate conflict of interest and requires court approval. You cannot gift yourself money from the donor's estate, even if you believe the donor would have wanted it.

Emma uses her mother's LPA to give £100 to each grandchild for Christmas, exactly as her mother did every year before her dementia. Her mother has £400,000 in assets, and these gifts don't affect her ability to afford her care home fees. This is a legitimate use of the permitted gift-giving authority.

Michael uses his father's LPA to gift £50,000 to himself and his two siblings, claiming it's for inheritance tax planning. The OPG investigates and determines this exceeded his authority—tax planning gifts require court approval. Michael is removed as attorney and must repay the gifts.

Sarah wants to give her daughter £5,000 toward her wedding using her mother's LPA. Her mother has £400,000 in assets and historically supported family celebrations generously. This sits in a grey area. Sarah documents her reasoning carefully: her mother attended every family wedding and typically gave £3,000-£5,000 gifts. Given the estate size and her mother's values, this gift is likely defensible—but Sarah should consider seeking court approval to be safe.

If you're considering any gift over £1,000, or any gift that might be questioned by other family members, seek legal advice or apply to the Court of Protection for approval. The application process is straightforward, and approval protects you from future allegations of abuse. The court has power under Section 23(4) of the Mental Capacity Act to authorize gifts that exceed the Section 12 limits when satisfied they're in the donor's best interests.

How the Office of Public Guardian Monitors Attorneys

The Office of Public Guardian protects people who lack mental capacity by supervising attorneys and investigating concerns about their conduct. Understanding how OPG oversight works helps you maintain proper standards and know when to raise concerns about other attorneys.

The OPG responds to concerns reported by family members, banks, care homes, social services, healthcare providers, and members of the public. Anyone can report suspicions of attorney abuse—you don't need proof, just genuine concern.

When the OPG receives a safeguarding referral, they risk-assess it within two working days. In 2024-25, 98% of concerns were risk-assessed within this timeframe, with 96% receiving a decision within five working days on whether to investigate or signpost to other authorities.

Investigation volume has increased substantially in recent years. The OPG closed 3,465 investigations in 2024-25, up from 2,884 in 2023-24. This 20% increase reflects growing awareness of attorney abuse and better reporting systems.

The most serious cases result in court action. The OPG filed 509 Court of Protection applications in 2024-25 to remove attorneys, impose restrictions, or seek other protective orders.

Common investigation triggers include unexplained large withdrawals or transfers, gifts outside permitted limits, evidence that the attorney is benefiting from their position, poor record-keeping or refusal to provide financial records, family concerns about financial abuse, and bank suspicions of fraud.

During an investigation, the OPG contacts the attorney requesting an explanation and supporting records. They may visit the donor and attorney separately to assess the situation. Investigators review bank statements, receipts, and decision records to verify that all transactions served the donor's interests.

The OPG interviews family members, carers, and healthcare providers to build a complete picture of the attorney's conduct. In serious cases, they refer matters to the police for criminal investigation.

Investigation outcomes vary based on findings. Many cases close with no concerns identified. Some result in warnings with required changes to the attorney's conduct. Others lead to ongoing OPG monitoring and supervision. The most serious cases result in Court of Protection applications to remove the attorney entirely.

Criminal prosecution can follow in cases of fraud, theft, or wilful neglect under Section 44 of the Mental Capacity Act. Attorneys who deliberately abuse their position face potential imprisonment.

When the bank noticed unusual large transfers from Margaret's account shortly after her LPA was registered, they reported it to the OPG. Investigation revealed her attorney (her son) had transferred £80,000 to himself over six months. He was removed and prosecuted for fraud by abuse of position, receiving an 18-month prison sentence.

You can report concerns to the OPG by contacting their customer service team on 0300 456 0300, completing the online reporting form, or writing to the OPG safeguarding team. You don't need definitive proof—the OPG investigates concerns and gathers evidence themselves.

The OPG safeguarding policy emphasizes early intervention to protect vulnerable adults. Reporting concerns promptly can prevent significant financial harm and abuse.

What Happens If You Abuse Your Attorney Powers

Attorney abuse carries severe legal consequences, from civil penalties to criminal prosecution. Understanding what constitutes abuse and the potential outcomes serves both as deterrent and as clarity for attorneys acting in good faith.

Civil consequences through the Court of Protection can include removal as attorney, either permanently or temporarily while investigations continue. The court can order you to repay misused funds plus interest—potentially requiring you to sell your own assets if the amounts are substantial.

The court may appoint a professional deputy to replace you, with costs charged to you rather than the donor's estate. If you remain as attorney with restrictions, the court imposes specific limitations on your authority and requires regular reporting.

Cost orders are common in abuse cases. You may be required to pay the donor's legal costs for the court proceedings, which can run to tens of thousands of pounds.

Criminal consequences are a real possibility for serious abuse. Fraud by abuse of position under the Fraud Act 2006 carries a maximum sentence of 10 years imprisonment. This offense applies when you dishonestly abuse your position to make a gain for yourself or cause loss to the donor.

Theft charges apply if you take the donor's property dishonestly, with a maximum sentence of 7 years imprisonment.

Wilful neglect under Section 44 of the Mental Capacity Act makes it an offense for an attorney to ill-treat or wilfully neglect a person lacking capacity. This carries a maximum sentence of 5 years imprisonment.

Criminal convictions create a permanent criminal record affecting future employment, travel, and reputation. The social and personal consequences often exceed the legal penalties.

Financial consequences extend beyond criminal fines. You must repay all misused funds, potentially with interest accumulating daily. If you cannot repay immediately, the donor's estate can sue you for the full amount plus damages.

What constitutes "abuse" in practice? Using the donor's money for your own benefit, making gifts outside permitted limits, selling the donor's assets below market value to yourself or family, failing to act in the donor's best interests, ignoring LPA restrictions or instructions, neglecting the donor's care or financial needs, mixing the donor's money with your own, and maintaining poor or no records all qualify as abuse.

Trevor used his mother's LPA to transfer £120,000 to himself over 18 months, claiming she wanted him to have it early to avoid inheritance tax. He provided no evidence she'd expressed this wish or that court approval was obtained. Trevor was convicted of fraud by abuse of position and sentenced to 3 years imprisonment. He was ordered to repay £120,000 plus £18,000 interest.

Angela failed to pay her father's care home fees for 6 months while using his money to fund her own lifestyle, including a £15,000 holiday. She was removed as attorney and ordered to repay £18,000 in missed care fees. Her father's estate subsequently sued her for additional damages including the cost of appointing a professional deputy.

"I didn't know that wasn't allowed" is not a legal defense. Attorneys have a legal duty to understand their powers and limits before acting. Ignorance doesn't prevent prosecution or civil liability.

The OPG and courts take attorney abuse seriously because it exploits some of society's most vulnerable people. The deterrent effect of serious penalties protects the integrity of the LPA system, which relies on trust and proper conduct.

If you're ever uncertain whether a decision is within your authority or in the donor's best interests, seek professional advice from a solicitor before acting. The cost of legal advice is insignificant compared to the cost of getting it wrong.

Frequently Asked Questions

Q: Can an attorney make decisions before I lose capacity?

A: For property and financial affairs LPAs, attorneys can make decisions while you still have capacity if you've given permission. However, health and welfare LPAs can only be used after you've lost mental capacity to make specific decisions. This distinction is defined in the Mental Capacity Act 2005.

Q: What decisions can my attorney NOT make?

A: Attorneys cannot change your will, vote on your behalf, consent to marriage or civil partnership for you, or make decisions outside their LPA type (property attorneys can't make health decisions and vice versa). They also cannot make large gifts without court approval or benefit themselves from their position.

Q: Can an attorney give away my money as gifts?

A: Yes, but only within strict limits. Attorneys can give gifts on customary occasions (birthdays, weddings, Christmas) to family or friends, and make charitable donations you would have supported. The gifts must be reasonable and not deplete your estate. Larger gifts require Court of Protection approval.

Q: How does the Office of Public Guardian monitor attorneys?

A: The OPG investigates concerns about attorney conduct, can request financial records, and conducts safeguarding visits. In 2024-25, the OPG closed 3,465 investigations and filed 509 Court of Protection applications to remove attorneys who weren't acting properly. Anyone can report concerns to the OPG.

Q: What happens if an attorney abuses their power?

A: Attorney abuse is a criminal offence under Section 44 of the Mental Capacity Act 2005. The OPG can apply to the Court of Protection to remove the attorney, and in serious cases, attorneys may face criminal charges for fraud or theft. Attorneys can be ordered to repay misused funds.

Q: Can I set limits on what my attorney can do?

A: Yes. When creating your LPA, you can add 'restrictions and conditions' that specify what your attorney can and cannot do. For example, you might say they cannot sell your home unless medically necessary, or must consult family before major financial decisions.

Q: Do attorneys have to follow the Mental Capacity Act principles?

A: Yes, absolutely. All attorneys must follow the five statutory principles: assume capacity unless proven otherwise, help the person make their own decisions, don't treat unwise decisions as lack of capacity, act in the person's best interests, and choose the least restrictive option. These are legal requirements, not guidelines.

Conclusion

Key takeaways:

  • If you're an attorney: Keep meticulous records of every decision and transaction, follow the five Mental Capacity Act principles, and when in doubt about a decision (especially gifts or property sales), seek professional advice or court approval
  • If you're creating an LPA: Add specific restrictions and instructions to your LPA to guide your attorneys and protect against overreach—you control what powers you grant
  • Understand capacity is decision-specific: Just because someone has dementia doesn't mean they lack capacity for all decisions; help them make their own choices whenever possible
  • Know your boundaries: Property attorneys handle money, health attorneys handle care—never exceed your LPA type, and never benefit yourself from your position
  • Report concerns immediately: If you suspect attorney abuse, contact the OPG on 0300 456 0300—early intervention protects vulnerable people

Being appointed as someone's attorney is one of the most trusted roles in UK law. You hold legal authority over another person's life, finances, or health—power that must never be taken lightly. Understanding your legal boundaries isn't just about avoiding prosecution; it's about honoring the trust someone placed in you when they chose you to protect their interests.

Need Help with Your Will?

Understanding attorney powers in an LPA is essential estate planning knowledge—but it works hand-in-hand with your will. While your LPA covers decisions during your lifetime (if you lose capacity), your will determines what happens to your estate after you die. Both documents should reflect your wishes clearly and protect your loved ones from uncertainty.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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