What Responsibilities Come with Acting as a Power of Attorney? Clear Duties and Legal Obligations Explained

Being asked to act as someone’s attorney can feel like an honour — and it often is. But it’s also a legal role with real responsibilities, clear limits, and potential consequences if you get it wrong.

If you’re stepping in under a Lasting Power of Attorney (LPA), you’re not “helping out” informally. You’re taking on duties set by the Mental Capacity Act 2005, and your actions can be scrutinised by the Office of the Public Guardian (OPG) and, in serious cases, the Court of Protection.

This guide breaks down what you must do, what you must not do, and the practical steps that help you stay on the right side of the law — while protecting the person you’re acting for.

If you want a broader context first, it may help to read Athi Law’s overview on Power of Attorney and their explainer on Power of Attorney in the UK.

What you’re agreeing to when you become an attorney

When you act as an attorney, you’re appointed by the donor (the person who made the LPA) to make decisions on their behalf within the powers set out in the document.

Most people are appointed under 1 (or both) of these LPAs:

• Property and Financial Affairs LPA (money, bills, bank accounts, property)

• Health and Welfare LPA (care, living arrangements, medical decisions)

A key difference matters in real life:

• A Health and Welfare LPA can only be used when the donor lacks mental capacity to make the specific decision at that time.

• A Property and Financial Affairs LPA can be used as soon as it’s registered, and it can be used while the donor still has capacity if the donor wants you to help (for example, if they find paperwork overwhelming).

If you want a clear explanation of when each type applies, Athi Law’s guide on What is a Power of Attorney and when should you set one up? is a useful starting point. 

Your core legal duties as an attorney (the non-negotiables)

Your day-to-day decisions will vary depending on the donor’s situation, but the legal duties are consistent. In plain terms, you must:

1) Follow the Mental Capacity Act principles

The law expects you to respect the donor’s rights and independence. The Mental

Capacity Act is built around principles that include:

• Presuming capacity unless it’s established otherwise

• Supporting the person to make their own decisions where possible

• Not treating someone as unable to decide just because they make an unwise decision

• Acting in the person’s best interests

• Choosing the least restrictive option when you do step in 

If you want this explained in practical terms, Athi Law’s article on Power of Attorney and mental capacity: what the law demands helps you understand how capacity is assessed decision-by-decision (not as a blanket label). 

2) Act in the donor’s best interests

“Best interests” does not mean “what you would do.” It means what is best for them after you’ve properly considered:

• Their past and present wishes

• Their values and beliefs

• The options available (including less restrictive options)

• Relevant views from others involved in their welfare (where appropriate)

This is where your role becomes both legal and deeply human: you’re there to protect the donor’s preferences, dignity, and wellbeing — not to replace their identity with your own.

3) Keep within the powers and limits in the LPA

Your authority comes from the LPA document itself. If it includes restrictions (for example, “do not sell my home unless X happens” or “my attorneys must act jointly”), you must follow them.

If you go beyond the scope of the LPA, you may be challenged. Athi Law’s guide on The legal requirements for appointing a Lasting Power of Attorney is helpful for understanding how LPAs are set up, what they can include, and why details matter. 

If you’re ever unsure what the LPA allows, it also helps to read Athi Law’s overview on Understanding lasting power of attorney. 

4) Keep the donor’s money separate from your own

If you’re dealing with finances, you must keep the donor’s money and assets separate. In practice, that means:

• Avoiding “temporary” transfers into your own account

• Paying expenses directly from the donor’s account wherever possible

• Keeping clear records of any reimbursements (with receipts)

Even well-meaning shortcuts can create suspicion and problems later, especially if relatives disagree or safeguarding concerns are raised.

5) Keep records and be able to explain your decisions

You should assume you may need to justify what you did and why you did it — even if you’re acting honestly. Keeping good records protects the donor and protects you.

This matters because the OPG does investigate concerns. The OPG’s annual report shows how high volumes can be and how central oversight is to the system. 

Why this role matters more than ever in the UK

People are putting LPAs in place in huge numbers — often as part of routine family planning rather than only in later life.

The OPG’s annual report for 2024–2025 records 1.37 million LPA applications during that period, and confirms a previous backlog of 149,400 applications (recorded in March 2024) was cleared in November 2024. 

That scale matters for you as an attorney, because it reflects how normal this role is — and how important it is to treat it as a proper legal responsibility, not just a family favour.

If you want a straightforward overview of why families set LPAs up early, Athi Law also explains it in The importance of setting up a lasting power of attorney. 

Property and Financial Affairs LPA: what you can (and can’t) do

If you’re appointed under a Property and Financial Affairs LPA, your responsibilities often include:

Managing day-to-day money

This can cover:

• Paying bills, rent/mortgage, council tax, utilities

• Managing income (salary, pension, benefits)

• Handling direct debits and standing orders

• Budgeting for care needs and support costs

If you want a deeper view of what this looks like in practice, Athi Law’s guide on The role of a lasting power of attorney in managing property and finances goes into more detail. 

Dealing with banks and financial institutions

You may need to:

• Provide the registered LPA (or certified copies)

• Verify your identity

• Work through an institution’s internal process before you can manage accounts

Each bank can be different, so build in time for admin — especially if bills are urgent.

Managing property

Depending on the LPA and the donor’s needs, you may be involved in:

• Maintaining a property (insurance, repairs)

• Renting it out

• Selling it (only if allowed and genuinely in the donor’s best interests)

If property is involved, it helps to understand how the legal process works, even if you later instruct a conveyancer. Athi Law’s article on The role of a conveyancer is a good primer. 

What you must not do with finances

This is where many attorneys accidentally step into risky territory. As a general rule:

• Don’t mix funds (even “just for convenience”)

• Don’t use the donor’s money for yourself or others unless it’s properly authorised and clearly in their best interests

• Don’t make large gifts or transfers that reduce the donor’s assets without proper legal authority

• Don’t treat the donor’s money as family money, even if you expect to inherit one day

If you’re looking for a clear explanation of the boundaries, Athi Law covers the core duties in Understanding the responsibilities of a lasting power of attorney.

Health and Welfare LPA: your responsibilities are different

A Health and Welfare LPA isn’t about money. It’s about care and wellbeing — and it only applies when the donor lacks capacity for the specific decision.

Typical decisions you may need to make

This can include:

• Care arrangements (home care, supported living, care home)

• Where the donor lives (if they cannot decide)

• Day-to-day wellbeing and personal care choices

• Medical decisions (within the scope of the LPA)

One point worth being clear about: if the donor wants you to be able to make decisions about life-sustaining treatment, the LPA must explicitly give you that authority.

Athi Law’s Power of Attorney in the UK: clear guidance explains these limits in a way that’s easy to follow.

Working with doctors and care providers

You’re not replacing clinicians — you’re representing the donor’s voice and rights when they can’t speak for themselves. In practice, this means:

• Asking the right questions

• Making sure decisions match the donor’s values and wishes

• Keeping written notes of key discussions and decisions

• Staying calm and factual if you disagree with a recommendation

If you’re supporting someone vulnerable and want to understand how LPAs fit into safeguarding, Athi Law’s guide on How to safeguard a vulnerable person through a lasting power of attorney is a useful read. 

The practical responsibilities people forget (but you shouldn’t)

Keep a simple decision log

You don’t need to write a novel. But you should keep a basic record of:

• The decision you made

• The options you considered

• The donor’s wishes (if known)

• Who you consulted (if relevant)

• Why the decision was in their best interests

This becomes especially important where:

• Family members disagree

• There’s significant spending

• Care arrangements change

• Property is sold or rented out

Stay organised with documents

Keep:

• The registered LPA (and certified copies)

• Notes of where the LPA has been registered (banks, pension providers, etc.)

• Bank statements and receipts (for financial LPAs)

• Care assessments and key medical letters (for welfare LPAs)

Understand timelines and fees

If you’re helping someone set up an LPA now, remember the process takes time and includes a statutory waiting period. The OPG’s own reporting explains that application processing includes a mandatory 4-week notice period to allow objections. 

Also, fees can change. For example, the government confirmed that the LPA application fee increased from £82 to £92 for applications received from 17 November 2025. 

If you want guidance on setting one up properly (and avoiding issues that cause delays), Athi Law explains the value of getting it right in The importance of legal advice when creating a lasting power of attorney. 

Conflicts, disagreements, and what happens if someone challenges you

Sometimes the hardest part of being an attorney isn’t the admin — it’s the people around you.

If family members disagree with your decisions

Your job is still to act in the donor’s best interests and follow the LPA and the law. That said, you can reduce conflict by:

• Communicating early and calmly

• Explaining your reasoning (without oversharing private information)

• Keeping written notes of key discussions

• Staying consistent and transparent

If the donor is setting up an LPA and you want to reduce future conflict, it’s worth reading Athi Law’s article on The importance of family communication when setting up a lasting power of attorney. 

If someone alleges misuse

The OPG can investigate concerns and take steps where necessary. That’s one of the reasons record-keeping and keeping finances separate are so important. 

Who can override or remove an attorney?

If there are serious issues, applications can be made to the Court of Protection. In certain situations, the donor can also end the arrangement if they still have capacity to do so.

Athi Law explains the challenge route clearly in Who can override a power of attorney in the UK — and when it is legally permissible. 

If you want more detail on legal grounds and how disputes typically work, Athi Law also covers it in Can a power of attorney be challenged or overruled?. 

The line between “helping” and acting as an attorney

A mistake many people make is acting too early — or acting too casually.

• If the donor still has capacity, they can usually make their own decisions, and you should support them to do so.

• If you’re using a Property and Financial Affairs LPA while the donor still has capacity, you should involve them, follow their instructions, and keep everything transparent.

• For Health and Welfare decisions, you should not step in unless the donor lacks capacity for that specific decision at that time.

It also helps to understand the difference between an ordinary power of attorney and an LPA so you don’t assume the wrong powers apply. Athi Law explains this in The difference between ordinary and lasting power of attorney in the UK. 

Common grey areas (and how to handle them safely)

“Can I pay myself for time spent?”

In most family situations, you don’t pay yourself for time. However, you may be able to reclaim reasonable out-of-pocket expenses (such as travel costs) if they’re genuinely incurred while acting as attorney — and you keep receipts.

If you’re unsure, treat it as a red flag and get advice before you do anything. The safest approach is always: document, keep it proportionate, and avoid anything that could look like personal benefit.

“Can I give gifts on their behalf?”

This is one of the biggest risk areas.

Small, customary gifts may be possible in limited situations (for example, modest birthday or seasonal gifts), but anything substantial, repeated, or likely to affect the donor’s ability to meet their own needs is risky and may require formal authority.

If you’re considering gifts, stop and get proper guidance first — especially where property, inheritance, or family disputes are involved.

“Can I sell the house to fund care?”

Potentially, yes — but only if:

• The LPA authorises you to act on property and finances

• Selling is genuinely in the donor’s best interests

• You can evidence why it’s needed (for example, to fund care)

• You avoid conflicts of interest (such as selling to a family member at undervalue)

If you feel pressured by relatives, slow the process down and document your reasoning carefully. Your job is to protect the donor, not to keep everyone happy.

How to protect yourself while doing the job properly

If you take nothing else from this article, take these:

1. Read the LPA carefully (restrictions and instructions matter)

2. Support the donor to decide wherever possible

3. Act in best interests — not personal preference

4. Keep money separate

5. Keep clear records

6. Get advice early when decisions are high-value, contested, or emotionally charged

A good attorney isn’t the person who “takes over.” It’s the person who protects the donor’s independence for as long as possible — and then steps in carefully, lawfully, and transparently when needed.

If you’d like Athi Law’s direct overview of this topic, you can also read their article on What responsibilities come with acting as a power of attorney?.

When you should speak to a solicitor

You should strongly consider legal support if:

• The donor owns property and a sale may be needed

• There is family conflict or any allegation of financial abuse

• The donor’s wishes are unclear or disputed

• You’re unsure about gifts, expenses, or authority limits

• The LPA needs to align with broader planning (wills, probate, safeguarding)

Athi Law explains the solicitor’s role in making sure LPAs are properly drafted and understood in The role of a solicitor in drafting a lasting power of attorney.

And if you’re looking at wider planning, Athi Law’s Wills and Probate page can help you connect the dots.

Next steps

If you’re about to act as an attorney — or you’re already acting and want to double-check you’re handling things properly — getting tailored advice can save you stress later and protect the person you’re acting for.

Start with Athi Law’s About us page to learn more about the firm, then use Contact us to speak to the team about LPAs, attorney responsibilities, and the safest next steps for your situation.