How to act as an attorney
Guidance from Estate Advisory Group
You have been appointed, the LPA is registered, and something has happened. Here is the order to do things in.
Before you do anything
- Check the LPA is registered — the Office of the Public Guardian stamps every page. An unregistered LPA gives you no authority at all. See when does an LPA take effect.
- Check the type. A property and financial affairs LPA says nothing about medical treatment, and a health and welfare LPA gives you no access to money.
- Read section 5 and section 7 of the form: how you must act together, and any preferences or instructions the donor wrote.
- Check whether the financial LPA says it can only be used once the donor lacks capacity.
Your first contacts
- Bank and building society — see using a registered LPA with banks.
- Pension providers and the DWP, and any benefits being paid.
- Utilities, council tax, insurance and the mortgage or landlord.
- GP surgery and any care provider, if you are a health and welfare attorney.
Most organisations want either the original LPA, an OPG access code, or a certified copy. Get several certified copies made at the start; it saves weeks.
The rules you are working under
Every decision must be in the donor's best interests
Not yours, not the family's, not the future inheritance. Involve the donor as far as they can be involved, follow their known wishes and values, and choose the least restrictive option. See attorney duties and responsibilities.
Keep records from day one
- Keep the donor's money entirely separate from your own.
- Keep receipts and a simple running list of income, spending and larger decisions with your reasons.
- Note who you consulted for significant decisions, especially the sale of a home or a move into care.
- Records are what protect you if anyone later questions what you did.
Common questions
Do I have to act if I have been appointed?
No. You can decline before you start, or disclaim later, though you must notify the donor and the OPG in writing.
Can I be paid for my time?
Only expenses, unless the donor said otherwise or you are a professional. See professional attorneys and fees.
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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