You can make decisions on someone’s behalf if they appoint you using a lasting power of attorney ( LPA ). You can contact GOV.UK to request this guide in another format , for example large print or braille. The person who appoints you is called the ‘donor’. You’re their ‘attorney’. You don’t need any legal experience to act as someone’s attorney. The types of decisions you make depend on whether you’re a: property and financial affairs attorney health and welfare attorney This guide is also available in Welsh (Cymraeg) . Making decisions Check what you need to do before you’re allowed to start making decisions . After you start you must: follow any instructions the donor included in the LPA consider any preferences the donor included in the LPA help the donor make their own decisions as much as they can make any decisions in the donor’s best interests respect their human and civil rights You must make the decisions yourself - you can’t ask someone to make them for you. You can get help making difficult decisions . Your decisions can be checked . If you’re not the only attorney Check the LPA . It will tell you whether you must make decisions: ‘jointly’ - this means all the attorneys must agree ‘jointly and severally’ - this means you can make decisions together or on your own The LPA may tell you to make some decisions ‘jointly’ and others ‘jointly and severally’. Find out what to do if you make decisions jointly with someone who stops acting as an attorney .

Property and financial affairs attorneys

As a property and financial affairs attorney, you make (or help the donor make) decisions about things like: money, tax and bills bank and building society accounts property and investments pensions and benefits You can use the donor’s money to look after their home and buy anything they need day to day (for example, food). Discuss decisions that affect the donor’s living arrangements, medical care or daily routine with their health and welfare attorney, if they have one. Example If you decide to sell the donor’s home, discuss where the donor will live with their health and welfare attorney. Looking after money and property You must keep the donor’s finances separate from your own, unless you’ve already got something in both of your names like a joint bank account or you own a home together. Managing bank accounts Before you can manage the donor’s account, you must show the bank the original registered lasting power of attorney ( LPA ) or a copy of it signed on every page by the donor, a solicitor or notary . You’ll also need to give proof of: your name your address the donor’s name or address if they’re not the same as on the bank account The bank might ask for additional types of proof. Spending money on gifts or donations Unless the LPA states otherwise, you can spend money on: gifts to a donor’s friend, family member or acquaintance on occasions when you would normally give gifts (such as birthdays or anniversaries) donations to a charity that the donor wouldn’t object to, for example a charity they’ve donated to before You must apply to the Court of Protection for any other type of gift or donation, even if the donor has given them before. These include: paying someone’s school or university fees letting someone live in the donor’s property without paying market rent (anything they pay below market rent counts as a gift) interest-free loans You must check that the donor can afford the gift or donation, even if they’ve spent money on these types of things before. For example, you can’t donate their money if that would mean they couldn’t afford their care costs. Read the guidance for more information on giving gifts or donations. Buying and selling property You’ll need to get legal advice if: the sale is below the market value you want to buy the property yourself you’re giving it to someone else Making a will You can apply for a statutory will if the donor needs to make a will but can’t do it themselves. You can’t change a donor’s will. You can be ordered to repay the donor’s money if you misuse it or make decisions to benefit yourself.

Health and welfare attorneys

As a health and welfare attorney, you make (or help the donor make) decisions about things like: daily routine, for example washing, dressing and eating medical care where the donor lives You might need to spend the donor’s money on things that maintain or improve their quality of life. This can include: new clothes or hairdressing decorating their home or room in a care home paying for extra support so the donor can go out more, for example to visit friends or relatives or to go on holiday You must ask for money from the person in charge of the donor’s funds. Refusing or consenting to treatment Check the lasting power of attorney ( LPA ) for instructions about refusing or consenting to treatment. You’ll need to: show the LPA to care staff sign medical consent forms make decisions in the donor’s best interests You can’t always make decisions about the donor’s medical treatment, for example if the donor’s made a living will or has been sectioned. Living wills (‘advance decisions’) This is a legal statement from the donor about which medical treatments they don’t want. You’ll need to give this to care staff along with the LPA . NHS Choices has information about advance decisions. Apply for a one-off decision You may need to apply for a one-off decision from the Court of Protection to make a decision about a medical treatment if: the living will and LPA give different instructions the medical staff or the donor’s friends and family disagree about whether the treatment should be given

Start acting as an attorney

You must have a registered lasting power of attorney ( LPA ) before you can start acting as an attorney. The LPA is registered when the Office of the Public Guardian (OPG) has stamped it with ‘VALIDATED-OPG’ . You can prepare before you start by talking to the donor so you’re ready to make decisions in their best interests . For example, ask about their plans for their money or how they want to be cared for if they become seriously ill. Starting as a property and financial affairs attorney The LPA may give you permission to make decisions while the donor still has the mental capacity to make their own financial decisions. If it doesn’t, you can only start making decisions when they don’t have mental capacity. Starting as a health and welfare attorney You can only make decisions when the donor doesn’t have mental capacity to make them. You must tell people involved in the donor’s care when you start. This includes the donor’s: friends and family doctor and other healthcare staff care workers, social worker and other social care staff Staff may want to see proof of your identity and either the original LPA or a certified copy. Taking over as a replacement attorney Replacement attorneys are listed in the LPA . You’ll be able to start helping a donor make decisions as soon as the attorney you’re replacing stops acting . Check the LPA to see if there are other attorneys you might need to make decisions with.

Keep a record of: important decisions you make and when, for example selling the donor’s home or agreeing to medical treatment the donor’s assets, income and how you spend their money - if you’re their finance and property affairs attorney Include details of who you asked for advice and any disagreements. Don’t include small, everyday decisions. Expenses You can only claim expenses for things you must do to carry out your role as an attorney, for example: hiring a professional to do things like fill in the donor’s tax return travel costs stationery postage phone calls You can be ordered to repay the donor’s money if you misuse it or make decisions to benefit yourself. Keep your receipts and invoice the donor for your expenses. The money is paid by whoever’s in charge of the donor’s funds.

The Office of the Public Guardian and Court of Protection can check your decisions. They may: arrange a visit with you and the donor together, or the donor alone contact other people such as the donor’s family, bank or care workers They can investigate and stop you acting as an attorney if, for example: you’ve done something the lasting power of attorney ( LPA ) says you can’t you haven’t done something the LPA has instructed you to do you haven’t been acting in the donor’s best interests you misuse the donor’s money or make decisions to benefit yourself you do something that goes against their human or civil rights the donor isn’t being treated well the donor made the LPA under pressure or they were tricked into it

Stop acting as an attorney

The lasting power of attorney ( LPA ) ends when the donor dies. Tell the Office of the Public Guardian ( OPG ) and send them: a copy of the death certificate the original LPA all certified copies of the LPA Office of the Public Guardian Telephone: 0300 456 0300 Monday to Friday, 9am to 5pm, except Wednesday, 10am to 5pm Find out about call charges Office of the Public Guardian PO Box 16185 Birmingham B2 2WH Stopping before the donor dies You can choose to stop acting as an attorney - sometimes called ‘disclaiming’ an attorneyship. There are also some cases in which the law requires you to stop acting as an attorney. Any replacement attorneys listed in the LPA will take over if you stop. If there are no replacements, there may be other ways to help the donor make decisions . If you choose to stop Fill in and send a notification form to: the donor - if the LPA hasn’t been registered the donor and OPG (at the address on the form) - if the LPA is registered any other attorneys appointed on the LPA When you have to stop You must stop acting as an attorney if: the donor takes you off their LPA - sometimes called ‘revoking’ an attorney you lose mental capacity and can’t make decisions any more you’re a property and financial affairs attorney and you become bankrupt or subject to a debt relief order you’re married to or in a civil partnership with the donor and you get a divorce or an annulment (unless the LPA says you can keep acting as an attorney) you’re a joint attorney and another attorney stops acting, unless the LPA says you can carry on making decisions

Lasting power of attorney: acting as an attorney

Overview

You can make decisions on someone’s behalf if they appoint you using a lasting power of attorney (LPA).

You can contact GOV.UK to request this guide in another format, for example large print or braille.

The person who appoints you is called the ‘donor’. You’re their ‘attorney’.

You don’t need any legal experience to act as someone’s attorney.

The types of decisions you make depend on whether you’re a:

This guide is also available in Welsh (Cymraeg).

Making decisions

Check what you need to do before you’re allowed to start making decisions.

After you start you must:

follow any instructions the donor included in the LPA
consider any preferences the donor included in the LPA
help the donor make their own decisions as much as they can
make any decisions in the donor’s best interests
respect their human and civil rights

You must make the decisions yourself - you can’t ask someone to make them for you.

You can get help making difficult decisions. Your decisions can be checked.

If you’re not the only attorney

Check the LPA. It will tell you whether you must make decisions:

‘jointly’ - this means all the attorneys must agree
‘jointly and severally’ - this means you can make decisions together or on your own

The LPA may tell you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Find out what to do if you make decisions jointly with someone who stops acting as an attorney.

View a printable version of the whole guide

Lasting power of attorney: acting as an attorney

Overview

Making decisions

If you’re not the only attorney

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Lasting power of attorney: acting as an attorney

Overview

Making decisions

If you’re not the only attorney

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