If you have been appointed as an attorney under an LPA it is important to understand your responsibilities. The role is pivotal since you have authority over finances, property or health care and must always act in the best interests of the donor.

If you are thinking of creating a UK power of attorney, you will find information online at sites such as https://powerofattorneyonline.co.uk.

Acting in the donor’s best interests

Attorneys are required to always act in the donor’s best interests. This may include reflecting the preferences the donor expressed when the instrument was created. There must be a compelling reason for any deviation.

When does an attorney have the right to act?

The LPA must be registered at the OPG. Should the donor make it clear that the document can only be activated once they have lost capacity, this will have to be confirmed.

Can anyone be appointed an attorney?

First of all you must be over 18 years of age and have never been declared bankrupt. Donors should always choose a trusted individual, a close friend or a trusted member of their family. You can also appoint a legal advisor. The latter may require a fee.

Accountability and records

Attorneys must keep records of all decisions they make, including care decisions, financial matters, and any other matters that they deal with. It is important to keep receipts and all bank statements and a record of transactions with the local authority or utility providers. The donor’s finances should always be kept separate from the attorney’s own monies.