Can an attorney also be a beneficiary?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Yes. Most attorneys are the donor's children, who will usually inherit under the will anyway. The law manages the conflict of interest rather than forbidding the arrangement.
Why it is allowed
An attorney under a property and financial affairs LPA must act in the donor's best interests, not to preserve their own inheritance. In most families the two aims point the same way: an adult child who is also an attorney generally wants their parent well cared for and their money managed sensibly, and that is exactly what they would eventually inherit anyway. The Mental Capacity Act 2005 does not disqualify someone from being an attorney simply because they stand to benefit from the donor's will — if it did, almost nobody's children could ever act.
The tension only becomes real where spending the donor's money now reduces what is left for the estate later — for example, paying for better residential care, home adaptations, or private treatment. An attorney is legally required to make that spending decision in the donor's interest, even though it shrinks their own eventual inheritance.
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 in order to preserve the estate, or gifting assets away to reduce it, is a straightforward breach of duty and can lead to an OPG investigation. See can an attorney make gifts.
A worked example
Margaret has two children, Susan and Peter, and her will leaves her estate equally between them. She appoints Susan as her sole attorney under the financial LPA because Susan lives nearby and has always managed the household paperwork. When Margaret's care needs increase, Susan arranges a move to a residential home costing £1,200 a week, funded from Margaret's savings. This visibly reduces what Susan and Peter will eventually inherit. Because Susan keeps clear records — care assessments, invoices, and a note of why that particular home was chosen — she can show any later challenge that the decision was made for Margaret's benefit, not against Peter's interests, even though Peter's inheritance is smaller as a result.
Keeping it clean
- Keep records showing spending was for the donor's benefit — invoices, care assessments and the reasoning behind bigger decisions.
- Share an annual summary of accounts with other beneficiaries voluntarily; it prevents most disputes before they start.
- Involve a co-attorney, or at least keep them informed, in decisions that visibly affect the size of the estate.
- Never touch the will itself — an attorney cannot make or change one, however the donor's wishes appear to have shifted. See LPA vs will.
- Keep the donor's money separate from your own at all times, even for small, everyday expenses.
What happens if a beneficiary objects
| Concern raised | Who deals with it | Likely outcome |
|---|---|---|
| Attorney spending looks excessive but reasonable | Discussed between the family | Usually resolved with an explanation and records |
| Attorney appears to be favouring themselves | Office of the Public Guardian | Investigation, and possibly a Court of Protection order |
| Attorney has taken money for personal use | OPG and potentially the police | Removal as attorney, repayment, possible prosecution |
Why naming an attorney-beneficiary is still often the right choice
Donors sometimes worry that naming a child who will also inherit creates an automatic conflict, and consider appointing a professional instead. In practice, the person who knows the donor's wishes best, and who the donor trusts to act promptly, is usually a close family member — and being a future beneficiary does not disqualify them. The safeguard is not choosing a different person, it is making sure records are kept and, where more than one child exists, that they are all kept informed. See attorney conflict of interest for more on managing this well.
Common questions
Can an attorney change the donor's will?
No. Only the Court of Protection can authorise a statutory will on the donor's behalf, and only in limited circumstances; an attorney has no power to alter it themselves.
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 — a beneficiary's future inheritance is not a factor the attorney is required to weigh.
Should I appoint a neutral professional instead of a child who will inherit?
Not necessarily. A professional attorney charges fees from the estate and may know the donor's wishes far less well. Being a future beneficiary is not, on its own, a reason to avoid appointing a trusted family member.
Does it help to name more than one attorney if they are all beneficiaries?
It can. Requiring attorneys to act jointly on major decisions, or at least to consult each other, gives beneficiaries mutual reassurance without needing an outside professional.
Read next
Where this fits
This page is part of LPA basics. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
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
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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