What can an attorney not do?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
An attorney's authority is wide but it is not ownership. These are the hard limits.
Never permitted
- Make or change the donor's will.
- Make substantial gifts, or gifts outside customary occasions.
- Use the donor's money for the attorney's own benefit.
- Transfer the LPA authority to someone else.
- Act after the donor has died.
- Consent to marriage, divorce or adoption on the donor's behalf.
Only with Court of Protection approval
| Decision | Why |
|---|---|
| Large or regular gifts | Reduces the donor's estate |
| Buying the donor's property | Conflict of interest |
| Creating a trust or making an IHT plan | Benefits others, not the donor |
| A statutory will | Only the court can authorise one |
Limits on health decisions
- Cannot refuse life-sustaining treatment unless the LPA expressly grants that power.
- Cannot demand treatment clinicians consider inappropriate.
- Cannot override a valid, applicable and later advance decision.
- Cannot make decisions while the donor still has capacity for them.
Acting outside your authority
Attorneys who exceed their powers can be removed, ordered to repay funds and, in serious cases, prosecuted.
Common questions
Can an attorney change the donor's will?
No, never. Only the Court of Protection can authorise a statutory will.
Can an attorney pay themselves?
Only reasonable expenses, unless the LPA authorises professional charges.
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
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