What Can an Attorney Do?

An attorney can make important decisions on your behalf, but only within the authority given by the Lasting Power of Attorney and subject to the rules of the Mental Capacity Act 2005.

Exactly what an attorney can do depends on which type of Lasting Power of Attorney has been put in place.

Under a Property and Financial Affairs LPA, an attorney may be able to manage bank and building society accounts, pay bills, deal with property, manage investments, pensions and benefits, and communicate with financial organisations on your behalf. 

Under a Health and Welfare LPA, an attorney may be able to make decisions about medical care, where you live and your day-to-day welfare. However, these decisions can only be made when you lack the mental capacity to make the particular decision yourself. 

Attorneys cannot simply do whatever they want. They must follow any valid instructions contained in the LPA, act in your best interests and support you to make your own decisions wherever possible. 

The authority given to an attorney can therefore be significant, which is why choosing your attorney carefully and making sure the document is drafted properly are both important.

It is also important to understand when an LPA can be used, because the rules differ between Property and Financial Affairs LPAs and Health and Welfare LPAs.

At MJV Solicitors, we prepare Lasting Powers of Attorney so that the scope of each attorney's authority is clear and appropriate for the donor's circumstances.

For a complete overview, read our guide to Lasting Powers of Attorney. For details of MJV Solicitors' fixed fees, see our LPA Price Guide.