LPAs, benefits and DWP appointees
Guidance from Estate Advisory Group
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.
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.
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.
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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