Can an attorney also be a beneficiary?
Guidance from Estate Advisory Group
Yes. Most attorneys are the donor's children, who will usually inherit. The law manages the conflict rather than forbidding it.
Why it is allowed
An attorney must act in the donor's best interests, not to preserve their own inheritance. The two usually pull in the same direction — but not always, for example where spending the donor's money on better care reduces the estate.
The rule to remember
Spend the donor's money on the donor
Protecting the inheritance is not a lawful aim for an attorney. Refusing a care home the donor needs, or gifting assets away, is a straightforward breach of duty. See can an attorney make gifts.
Keeping it clean
- Keep records showing spending was for the donor's benefit.
- Share an annual summary with other beneficiaries voluntarily; it prevents most disputes.
- Involve a co-attorney in decisions that affect the estate.
- Never touch the will — an attorney cannot make or change one. See LPA vs will.
Common questions
Can an attorney change the donor's will?
No. Only the Court of Protection can authorise a statutory will.
Can a beneficiary object to an attorney's spending?
They can raise it with the OPG, but the donor's needs come first in law.
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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