LPAs, benefits and DWP appointees
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
The DWP runs its own system. A registered LPA does not automatically let you manage a state pension or Universal Credit.
Two different arrangements
| Attorney under an LPA | DWP appointee | |
|---|---|---|
| Who grants it | The donor, in advance | The DWP, after a visit |
| Covers | Property and financial affairs generally | State benefits and pensions only |
| Needs capacity to set up | Yes | No |
| Cost | Our fee plus the OPG fee | Free |
Many attorneys hold both. The DWP will often accept a registered LPA, but its usual practice for someone who has lost capacity is to appoint an appointee using form BF56 after an interview. This is not a rejection of the LPA — it is simply how the DWP's own systems are set up, and it runs alongside the wider authority you already have under attorney duties and responsibilities.
What to do
- Ring the relevant benefit line and tell them you are the registered attorney.
- Send a certified copy of the LPA if they ask for one.
- If they insist on appointeeship, ask for the appointee application and expect a home visit.
- Keep benefit income separate in your records from the donor's other money.
Worked example
Tom is attorney for his mother, Susan, who has advanced dementia and lives in a care home. He rings the Pension Service to update her address and ask about Attendance Allowance. They accept his registered LPA for the state pension, but tell him that because Susan can no longer manage her own affairs at all, Universal Credit-related benefits she once claimed will need an appointee. Tom completes the DWP's appointee interview at home, is confirmed as appointee, and now keeps a separate ledger showing benefit income received and how it was spent on Susan's care — alongside the wider records he keeps as her property and financial affairs attorney.
Benefits attorneys often miss
- Attendance Allowance for older people with care needs, regardless of income.
- Pension Credit, which can unlock other help such as council tax reduction.
- Carer's Allowance for a family member providing regular care, claimed separately by the carer.
- Council tax discounts or exemptions linked to a diagnosis such as dementia.
Keeping the two roles apart
Two hats, one set of good habits
Whether you are acting as attorney, appointee, or both, the same discipline applies: keep receipts, note your reasoning for larger decisions, and never mix the donor's money with your own. See attorney record keeping.
Applying to become an appointee
There is no online form for appointeeship — you start by ringing the relevant DWP department or the Pension Service and explaining that the claimant can no longer manage their own benefit affairs. The DWP will send form BF56 (or take the details over the phone) and then arrange a visit, usually to the donor's home or care home, to check the donor's circumstances and confirm the proposed appointee is suitable. It can take several weeks from first phone call to a decision, so raise it as soon as you notice bills or claims are being missed rather than waiting for a crisis.
| Step | What happens |
|---|---|
| 1. Report the change | Call the relevant benefit line and explain the donor cannot manage their affairs. |
| 2. DWP visit | An officer visits to assess the donor and interview the proposed appointee. |
| 3. Decision | The DWP confirms appointeeship in writing, usually within a few weeks. |
| 4. Ongoing duty | The appointee must report changes in circumstances and keep basic records. |
If the DWP refuses or delays
Keep paying essential bills in the meantime
If appointeeship is delayed, use your existing LPA authority over the donor's other money to keep rent, care fees and utilities paid, and keep a written note of any benefit payments that are held up so you can account for the gap later.
Common questions
Can an attorney claim benefits on the donor's behalf?
Yes, including Attendance Allowance and Pension Credit, which are often missed. Check entitlement as one of your first tasks.
Does becoming an appointee replace the LPA?
No. The LPA still governs everything else — banking, property, insurance and bills.
What happens to appointeeship if the donor later regains some capacity?
You should tell the DWP — appointeeship is meant to reflect the donor's current ability to manage their own benefits, and can be reviewed or ended.
Can more than one person be an appointee?
No, the DWP appoints a single appointee, unlike an LPA where several attorneys can act jointly and severally.
How long does an appointment application take?
Often four to eight weeks from first contact to a home visit and decision, though it can be quicker if the case is urgent.
Does an appointee need to submit annual accounts to the DWP?
There is no formal annual return, but the DWP can ask an appointee to show how benefit money was spent, so keeping simple records is sensible.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group