Can a paid carer be an attorney?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Legally possible, frequently unwise, and specifically prohibited for one of the roles.
The rules
- A paid carer can be appointed as an attorney — there is no legal bar.
- An owner, manager or employee of a care home where the donor lives cannot be the certificate provider.
- Family members of those people are also excluded as certificate provider.
- The certificate provider must be independent, which most professional carers are not.
Why it is usually a bad idea
A paid carer appointed over the donor's money has an obvious conflict of interest: they are being paid from the funds they control. It is one of the patterns the OPG's safeguarding team looks for, and it invites objections from relatives.
Watch for pressure
If a carer suggests they be appointed, treat it as a warning sign. See undue pressure and LPAs.
Better arrangements
- Appoint a relative or friend, with the carer's input welcomed but not formalised.
- If no one else is available, appoint a professional attorney instead.
- Use a neutral, independent certificate provider — a GP, long-standing friend or professional.
Common questions
Can a live-in carer who is also my niece act?
Yes — the family relationship is fine. The payment relationship still means she cannot be the certificate provider.
Can a care home manager witness a signature?
Witnessing is separate from certifying and is permitted, but choosing someone entirely unconnected avoids later argument.
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