Lasting power of attorney: acting as an attorney

Skip to contents of guide

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 start making decisions while the donor still has mental capacity if both:

  • the lasting power of attorney (LPA) says you can
  • the donor gives you permission

Otherwise, you can only start making decisions when they do not have mental capacity.

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 the donor’s money and accounts

Banks and other organisations (such as utility companies and pension providers) will ask for proof that you are an attorney. Use your lasting power of attorney to prove you can act for the donor.

You may need to prove other details, such as:

  • your name, address and date of birth
  • the donor’s name or address

You might also need to provide other information, such as an account number.

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 would not 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 cannot donate their money if that would mean they could not 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 cannot do it themselves.

You cannot 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.

View a printable version of the whole guide

Related content