Attorney Advice

When you are appointed as an Attorney within a Lasting Power of Attorney (LPA) for Property and Financial Affairs or Health and Welfare, you may have to start acting at short notice in an emergency situation. Even if you do not start acting at a time of crisis, you will often start acting at a sensitive time and it can be difficult knowing where to start. We can provide advice and guidance to help support you in your role to ensure that you are complying with your duties.

Acting as an Attorney

Under an LPA, the Donor (the person who makes the LPAs) appoints Attorneys who will help them make decisions, and carry out actions, when they require assistance in managing their personal affairs.

An LPA for Property and Financial Affairs can allow an Attorney to provide support to the Donor before they lose mental capacity, under the Donor’s instruction.

An LPA for Health and Welfare decisions, on the other hand, can only be used by an Attorney once the Donor is unable to make health or welfare decisions for themselves.

Attorney decision making – How we can help

As an Attorney, certain duties and obligations are expected of you when acting on the Donor’s behalf. These are set out in the Mental Capacity Act 2005 and the Code of Practice. You must also check the LPA documents themselves for any restrictions, guidance or instructions.

• We can talk you through your obligations and duties.

If you are a financial Attorney, you should seek specialist advice concerning selling or buying a property for the donor, renting out the donor’s home, investment advice, making gifts and paying family members to provide care.

• We can advise on what you can and can’t do.

You may be considering stepping down as an Attorney and need to know if this is possible and how it can be done.

• We can talk you through the process for this.

Perhaps you are in a situation of conflict with your co-attorneys, which is causing you distress.

• We can help you navigate this.

Attorneys are overseen by the Office of the Public Guardian (OPG). If the OPG considers you have not acted in the Donor’s best interests in managing their affairs, they may conduct an investigation and this could result in the removal of you as an Attorney. Therefore please do get in touch if you need any advice. You can contact us by email or by calling the office on 01604 609560.

Article by Rebecca Edmonds,  Solicitor