Managing a pension as attorney
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Pension providers are among the strictest organisations an attorney deals with, and drawdown decisions come with real limits.
Registering with the providers
- Send a certified copy of the registered LPA to each pension provider.
- Notify the Pension Service for the state pension, separately from DWP benefits.
- Confirm where payments are being made and update the bank details if needed.
- Ask for statements to be sent to you as attorney.
What you can and cannot decide
| Action | Position |
|---|---|
| Continue existing income payments | Yes |
| Change investment funds within a plan | Yes, taking advice |
| Start drawdown or take a lump sum | Only if in the donor's best interests, not the family's |
| Buy an annuity | Yes, with advice and records |
| Change the death beneficiary nomination | No — this is like making a will |
| Take a lump sum to gift to family | No, without Court of Protection approval |
Doing it defensibly
Tax-driven withdrawals need care
Taking a large lump sum "for inheritance tax reasons" benefits the family, not the donor. That is exactly the pattern the OPG investigates.
- Take regulated financial advice for anything beyond routine income.
- Write down the reasoning for every decision.
- Keep pension income within the donor's own accounts.
Common questions
Can an attorney take the 25% tax-free lump sum?
Only where it is genuinely in the donor's interests — for example to fund care — and with the reasoning recorded. Not to redistribute wealth.
Do I need to tell HMRC?
Yes if you are handling tax affairs. See LPA and tax returns.
Read next
Where this fits
This page is part of Money, tax and property. The pages below take it further.
- Property & Financial Affairs LPA
The LP1F: money, bills, savings, property and everything a bank will ask for.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
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
Ready to make your LPA?
Answer five quick questions to check the service suits you, then start online for £49 per LPA.
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