What Are The Responsibilities Of The Attorney?

The attorney’s powers will depend upon the type of Lasting Power of Attorney (LPA) that has been set up and whether any restrictions on their power have been included in the document.

The attorney has numerous duties. In particular, an attorney must:
make decisions that are in the donor’s best interests;
only make decisions that they are enabled to by the terms of the LPA;
not delegate powers they have been given to others , unless authorised to do so; and
maintain the donor’s confidentiality.

There are some things that the attorney cannot do. For example, an attorney cannot:

sign a will on behalf of the donor;
act in circumstances in which their power is expressly limited or forbidden by the donor;
make gifts on the donor’s behalf except in limited circumstances;
make decisions that are not in the donor’s best interests;
make decisions using a health and welfare LPA unless the donor has lost mental capacity; or
consent to the donor’s marriage or divorce.

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What Are The Responsibilities Of The Attorney?

Other questions we get asked about Lasting Powers of Attorney

What is an Enduring Power of Attorney (EPA)?

Who Will Replace Me If I Stop Acting As An Attorney?

Who Is A Certificate Provider?

Can I Stop Being An Attorney?

Are Two Separate Fees Payable If I Am Registering Both Types Of Power Of Attorney?

If The Donor Requested That The Power Of Attorney Is Only To Be Registered Upon Loss Of Capacity, Does Medical Evidence Need To Be Supplied To The Office Of The Public Guardian On The Loss Of Capacity?

Can I Cancel My Lasting Power Of Attorney?

What Happens If I Don’t Make A Lasting Power Of Attorney And I Lose Mental Capacity?

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