Manage a lasting power of attorney: Overview - GOV.UK

Manage a lasting power of attorney: Overview - GOV.UK
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Manage a lasting power of attorney
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Overview
You can make decisions on someone’s behalf if they appoint you using a
lasting power of attorney
(
LPA
). You should support them to make their own decisions when possible.
The person who appoints you is called the ‘donor’. You’re their ‘attorney’.
You do not need any legal experience to act as someone’s attorney.
This guide is also available
in Welsh (Cymraeg)
.
Before you start acting as an attorney
Prepare by talking to the donor so you’re ready to
make decisions in their best interests
. For example, ask about their plans for their money or how they want to be cared for if they become seriously ill.
Make sure the
LPA
has been registered - you cannot start acting until it is. It can take up to 16 weeks to
register a lasting power of attorney
. A registered
LPA
will be
stamped with ‘validated-
OPG
’
.
Check the types of decisions you can make and when you can start acting as a:
property and financial affairs attorney
health and welfare attorney
Sign in to use your lasting power of attorney
.
After you start acting as an attorney
You must:
follow any preferences and instructions (known as ‘restrictions and conditions’) the donor included in the
LPA
act in the donor’s best interests and help them make their own decisions where possible
keep the donor’s money and property separate from your own (unless you already share a bank account)
respect the donor’s confidentiality
let the donor and the Office of the Public Guardian (
OPG
) know if you no longer wish to act as an attorney
give
OPG
information about how the
LPA
is being used, if asked
keep records of your actions
You must not:
use your position to benefit yourself
let other people use the
LPA
to make decisions
use the
LPA
unless it is registered
Find out how to
make decisions for someone else
including how to get help making difficult decisions. Your
decisions can be checked
.
If you’re not the only attorney
The
LPA
will tell you whether you can make decisions on your own or together with other attorneys.
Make decisions jointly and severally
This means you can make decisions on your own or with other attorneys. You can share tasks. If one of the attorneys is unable to act, then decisions can still be made without them.
Make decisions jointly
This means all attorneys have to agree on the decision. If one of the attorneys can no longer act, none of the other attorneys can act either unless the donor states otherwise in their restrictions and conditions (sometimes known as ‘preferences and instructions’).
Make decisions both jointly and jointly and severally
This means the attorneys must agree on certain decisions together but can make others on their own. If one of the attorneys can no longer act, the other attorneys will not be able to make the joint decisions without them unless the donor states otherwise in their restrictions and conditions (sometimes known as ‘preferences and instructions’).
For example, the donor could state that the attorneys must all agree if they want to sell the donor’s home, but they can make other decisions separately.
Find out what to do if you make decisions jointly with someone who
stops acting as an attorney
.
View a printable version of the whole guide
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