1. Overview

You can help make decisions about someone’s money and health or make decisions on someone’s behalf if they appointed you as their attorney. The person who appoints you is called the ‘donor’.

You can be an attorney if you’re 18 or over and you’re able to make your own decisions. You can’t be a property and financial affairs attorney if you’re subject to a Debt Relief Order or bankrupt.

If you were appointed before October 2007, read the guidance on enduring power of attorneys (EPAs).

Before you can use the lasting power

You or the donor must register the lasting power of attorney (LPA) before you can start making decisions.

Acting as an attorney

There are 2 types of LPA. Your responsibilities depend on whether you’re the donor’s:

Any decision you make on the donor’s behalf must be in their best interests.

You won’t be paid for acting as an attorney unless the donor has said in their LPA that they will pay you a fee.

Stop being an attorney

You can decide to stop being an attorney.

The LPA will end if the donor cancels it or they die.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.