🖋️ The Role of an Attorney: Responsibilities and Duties

Being appointed as someone’s attorney under a Lasting Power of Attorney (LPA) is a real act of trust — and it comes with important legal responsibilities.

At SHG Law, we’re often asked, “What does being an attorney actually involve?” Whether you’ve already been appointed or you’re thinking about choosing someone to act for you, here’s what you need to know.

✅ What Is an Attorney?

An attorney is someone legally appointed under an LPA to make decisions on behalf of another person (the “donor”) if they lose mental capacity.

There are two types of LPA:

• Health & Welfare

• Property & Financial Affairs

You can have one, or both — and you can appoint different attorneys for each.

🧭 Key Responsibilities of an Attorney

Whether acting for health or finances, all attorneys must follow the same core principles:

1. Act in the Donor’s Best Interests

Every decision must put the donor first. You must think about their values, wishes, and what's most beneficial for them — not what’s easiest or best for you.

2. Follow the Mental Capacity Act 2005

This law sets out the rules for acting on behalf of someone who can’t make their own decisions. You must always assume the person has capacity unless proven otherwise and support them to make decisions wherever possible.

3. Keep the Donor’s Money Separate

If you're managing finances, you must never mix your money with theirs. Keep proper accounts and be able to explain how decisions are made.

4. Make Decisions Together (if more than one attorney)

If attorneys are appointed jointly, all must agree. If jointly and severally, each can act alone, but should still communicate with the others.

5. Respect Confidentiality

You’ll often be handling very personal information. Keep everything private and only share when absolutely necessary.

🛑 What You Can’t Do

• Make decisions after the donor has died (your role ends automatically at death)

• Change the donor’s will

• Give large gifts unless specifically authorised

• Use the role for personal gain

  
  

💬 Want to talk about putting an LPA in place?

We’re here to guide you through it — in plain English and with no pressure.

📞 Contact us at info@shglaw.co.uk or by phone on 01282 914099 or 01422 730120