When they make an LPA, the donor chooses one or more trusted people to make decisions (‘act’) on their behalf. These people are called attorneys.
The donor must choose at least one attorney. They can have as many attorneys as they want, but if there are too many, it may be difficult for them to all work together.
When making decisions for the donor, the attorneys must always:
• act in the donor’s best interests
• follow any instructions the donor put in their LPA
• consider any preferences the donor put in their LPA
• follow any instructions the donor put in their LPA
• consider any preferences the donor put in their LPA
When an LPA can be used explains when attorneys can start acting on the donor’s behalf.
The 2 types of LPA explains the types of decisions the attorneys will be able to make on the donor’s behalf.
Attorneys need to sign the LPA before it can be registered.
Who can be an attorney?
The donor can ask anyone aged 18 or over who has mental capacity to be their attorney.
A person who is on the Disclosure and Barring Service barred list cannot act as an attorney. They're breaking the law if they do.
An undischarged bankrupt or a person subject to a debt relief order cannot be an attorney for a property and financial affairs LPA.
Choosing attorneys
The donor should choose people they trust and know well. Many donors choose family members or close friends to be their attorneys.
The donor should choose people they trust and know well. Many donors choose family members or close friends to be their attorneys.
Attorneys do not need to be solicitors or have a legal background.
The donor must decide:
• who they want to appoint as their attorney or attorneys
• whether they want any replacement attorneys - people who step in if one of the original attorneys can no longer act
• how they want their attorneys to work together
• whether they want any replacement attorneys - people who step in if one of the original attorneys can no longer act
• how they want their attorneys to work together
It’s important that:
• the donor knows their attorneys well
• the attorneys understand the donor’s beliefs and preferences well enough to make decisions for the donor
• the donor trusts their attorneys to act in their best interests
• the attorneys have the skills to act under the LPA. For example, do they manage their own affairs well? Are they good with money?
• the attorneys understand the donor’s beliefs and preferences well enough to make decisions for the donor
• the donor trusts their attorneys to act in their best interests
• the attorneys have the skills to act under the LPA. For example, do they manage their own affairs well? Are they good with money?
The donor should fully discuss the LPA with their potential attorneys before appointing them. Being an attorney can be a lot of work. Ask the potential attorneys to visit the ‘Acting as an attorney’ pages on GOV.UK to find out more about what’s involved.
Each attorney must:
• understand the role and responsibilities of an attorney
• agree to be the donor’s attorney
• sign the LPA
• follow the Mental Capacity Act Code of Practice
• agree to be the donor’s attorney
• sign the LPA
• follow the Mental Capacity Act Code of Practice
Appointing the donor’s wife, husband or civil partner as an attorney
The donor can appoint their wife, husband or civil partner as an attorney. This person will usually have to stop being an attorney if the marriage or civil partnership is later ended through divorce, dissolution or annulment. If they’re the only attorney and there are no replacements, this means the LPA can no longer be used. See ‘When attorneys can no longer act below.
The donor can appoint their wife, husband or civil partner as an attorney. This person will usually have to stop being an attorney if the marriage or civil partnership is later ended through divorce, dissolution or annulment. If they’re the only attorney and there are no replacements, this means the LPA can no longer be used. See ‘When attorneys can no longer act below.
In their instructions the donor can state that their wife, husband or civil partner can continue to be their attorney after a divorce, dissolution or annulment.
Professional attorneys
Some donors ask a professional, such as a solicitor or accountant, to be their attorney or one of their attorneys. Professional attorneys usually charge fees.
Some donors ask a professional, such as a solicitor or accountant, to be their attorney or one of their attorneys. Professional attorneys usually charge fees.
If the donor appoints a professional attorney, they must name an individual in the LPA. They cannot just give a job title or the name of a firm.
If an attorney becomes bankrupt or subject to a debt relief order
If an attorney on a property and financial affairs LPA becomes bankrupt or subject to a debt relief order after the LPA is registered, they’ll no longer be able to act. If they’re the only attorney and there are no replacements, this means the LPA can no longer be used. See ‘When attorneys can no longer act’ below.
People who are bankrupt or subject to a debt relief order can still be attorneys on a health and welfare LPA.
People who are bankrupt or subject to a debt relief order can still be attorneys on a health and welfare LPA.
If an attorney is placed on the Disclosure and Barring Service barred list
If an attorney on any type of LPA is placed on the Disclosure and Barring Service barred list, they’ll no longer be able to act an attorney. They're breaking the law if they do.
If they’re the only attorney and there are no replacements, this means the LPA can no longer be used. See ‘When attorneys can no longer act’ below.
If they’re the only attorney and there are no replacements, this means the LPA can no longer be used. See ‘When attorneys can no longer act’ below.
Trust corporations
A trust corporation can be the attorney or one of the attorneys on a property and financial affairs LPA. A trust corporation manages funds, such as savings, pensions, investments. It’s usually run by a commercial bank or firm of solicitors.
A trust corporation can be the attorney or one of the attorneys on a property and financial affairs LPA. A trust corporation manages funds, such as savings, pensions, investments. It’s usually run by a commercial bank or firm of solicitors.
If the donor’s finances are complex or they do not have anyone they want to appoint as an attorney, they might choose a trust corporation. If they’re considering this, the donor should get legal or financial advice.
If the donor appoints a trust corporation as their attorney, make sure you use the exact name it operates under in the LPA.
The donor can only appoint one trust corporation in their LPA.
When attorneys can no longer act
An attorney can no longer act if they:
• lose mental capacity
• decide they no longer want to act as an attorney (known as 'disclaiming their appointment')
• were the donor’s wife, husband or civil partner, but the relationship has legally ended (unless the donor states otherwise in their instructions)
• become bankrupt or subject to a debt relief order and were an attorney for a property and financial affairs LPA
• are placed on the Disclosure and Barring Service barred list
An attorney can no longer act if they:
• lose mental capacity
• decide they no longer want to act as an attorney (known as 'disclaiming their appointment')
• were the donor’s wife, husband or civil partner, but the relationship has legally ended (unless the donor states otherwise in their instructions)
• become bankrupt or subject to a debt relief order and were an attorney for a property and financial affairs LPA
• are placed on the Disclosure and Barring Service barred list
When an attorney dies or can no longer act, the LPA will be cancelled if:
• the donor only appointed one attorney and no replacement attorneys
• the donor appointed the attorneys jointly and did not appoint any replacements, unless the donor specified otherwise in their instructions
• the donor only appointed one attorney and no replacement attorneys
• the donor appointed the attorneys jointly and did not appoint any replacements, unless the donor specified otherwise in their instructions
To protect their LPA, the donor should consider appointing replacement attorneys.
If the donor cancels their LPA, the attorneys can no longer act on the donor’s behalf.
Remove an attorney after the LPA has been registered
As long as the donor still has mental capacity, they can contact OPG and ask for a particular attorney to be removed from their LPA.
As long as the donor still has mental capacity, they can contact OPG and ask for a particular attorney to be removed from their LPA.
