Can You Appoint a Trust Corporation as Your LPA Attorney?

Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed 9 April 2026

Yes. Under the Mental Capacity Act 2005, you can appoint a trust corporation as your attorney for a Property and Financial Affairs LPA in England and Wales. Unlike an individual attorney, a trust corporation does not retire, fall ill, or move abroad — making it a strong option if you have no suitable individuals available or need professional management of a complex estate.

Quick answer: A trust corporation is a corporate body — typically a bank or specialist company with issued share capital of at least £250,000 — that is authorised to act as trustee, executor, or attorney. You can appoint one as your attorney for a Property and Financial Affairs LPA, but not a Health and Welfare LPA.

What Is a Trust Corporation?

A trust corporation is a corporate body that is authorised to act in a fiduciary capacity — meaning it can serve as a trustee, executor, or attorney on behalf of individuals. Banks, specialist trust companies, and some solicitors’ firms operate as trust corporations.

To qualify as a trust corporation in England and Wales, the organisation must meet specific requirements. Typically, it needs to be a company incorporated in the UK with issued share capital of at least £250,000 (or equivalent). The main high-street banks and several independent trust companies meet this threshold.

The key difference from an individual attorney is that a trust corporation is a legal entity, not a person. It doesn’t retire, fall ill, or die. Decisions are made by the company’s professional staff according to its internal governance procedures, with regulatory oversight.

Yes, You Can Appoint a Trust Corporation as Your LPA Attorney

The Mental Capacity Act 2005 expressly allows a trust corporation to be appointed as an attorney under a Lasting Power of Attorney. This is set out in section 10 of the Act. However, there is one important restriction: a trust corporation can only act as attorney for a Property and Financial Affairs LPA, not a Health and Welfare LPA.

This makes sense when you think about it. Financial management — handling investments, paying bills, managing property — is the sort of work a corporate body is well-equipped to do. Health and welfare decisions, by contrast, require a personal understanding of the donor’s values, preferences, and daily life. That level of personal knowledge is better suited to an individual who knows you well.

The LPA must be registered with the Office of the Public Guardian (OPG) in the usual way, and the £92 registration fee applies regardless of whether your attorney is a person or a trust corporation.

When Appointing a Trust Corporation Makes Sense

For most people, a trusted family member or friend is the right choice as attorney. But there are several situations where a trust corporation may be more appropriate.

• No suitable individuals available — if you have no close family or friends who are willing, able, or appropriate to manage your finances, a trust corporation fills that gap. For more on this scenario, see our guide on who can be an attorney for an LPA.
• High-value or complex estates — if your finances include investment portfolios, rental properties, business interests, or overseas assets, professional management may be more suitable than asking a family member to handle it all.
• Family conflict — where family members disagree or there is a risk of disputes, appointing an independent trust corporation removes the potential for accusations of bias or self-dealing.
• Continuity — an individual attorney might move abroad, become ill, or die. A trust corporation doesn’t. It provides uninterrupted management of your financial affairs for as long as the LPA is in force.
• Professional accountability — trust corporations are regulated and subject to professional standards. They carry insurance and have compliance processes that offer an extra layer of protection for the donor.

How Trust Corporations Work in Practice

When a trust corporation acts as your attorney, you won’t deal with just one person. The corporation assigns a case manager or team to your account, and decisions are made according to the company’s internal procedures. If your main contact leaves the company, someone else steps in — your affairs carry on without interruption.

In practice, the trust corporation will manage your finances as directed in the LPA document. This might include paying household bills, managing investments, dealing with your bank, handling tax returns, or selling property. They are bound by the same legal duties as any attorney — they must act in your best interests, keep proper records, and not mix your money with theirs.

Before the LPA is activated, you’ll typically agree a service contract with the trust corporation setting out what they will do, how they will communicate with you (or your family), and what fees they will charge. Getting this agreed in advance avoids surprises later.

What Does a Trust Corporation Charge?

Unlike a family member who typically acts for free, a trust corporation is a professional service that charges ongoing fees. As explained in our guide on whether attorneys can be paid, a trust corporation’s right to charge fees should be set out in the LPA document itself or in a separate agreement.

Fee structures vary, but common models include:

• Percentage of assets — typically 0.5% to 1.5% of the total estate value per year
• Fixed annual fee — a flat rate regardless of estate size, often ranging from £2,000 to £10,000 or more
• Setup or acceptance fee — a one-off charge when the trust corporation begins acting
• Transaction fees — additional charges for specific actions such as selling property or dealing with complex tax matters

For a modest estate, these costs can add up significantly over time. For a large or complex estate, the professional management may well justify the expense. Always request a detailed fee schedule and compare providers before making your decision.

Trust Corporation vs Individual Professional Attorney

You don’t have to appoint a trust corporation to get professional help. An alternative is to appoint an individual professional — such as a solicitor or accountant — as your attorney. There are meaningful differences between the two approaches.

The right choice depends on your circumstances. If continuity and institutional oversight matter most, a trust corporation is stronger. If you value a personal relationship and lower costs, an individual professional may be a better fit. For guidance on choosing the right attorney for your situation, see our guide on how to choose the right attorney.

Can You Appoint a Trust Corporation Alongside Individual Attorneys?

Yes. There is nothing stopping you from appointing a trust corporation alongside one or more individual attorneys. This is actually a sensible approach for many people because it combines professional expertise with personal knowledge.

For example, you might appoint your adult child and a trust corporation as joint and several attorneys. Your child handles day-to-day decisions — paying bills, managing household expenses — while the trust corporation oversees investment management and more complex financial matters.

You can also appoint the trust corporation as a replacement attorney, meaning it only steps in if your primary individual attorney can no longer act. This keeps costs down during normal circumstances while providing a professional safety net.

Trust Corporations Cannot Act for Health and Welfare LPAs

This is the most significant limitation to be aware of. A trust corporation can only be appointed as attorney for a Property and Financial Affairs LPA. It cannot be your attorney for a Health and Welfare LPA.

The reasoning is straightforward. Health and welfare decisions — such as where you live, what medical treatment you receive, and your daily care — require someone who understands you as a person. These deeply personal choices are not suited to a corporate body making decisions by committee.

If you want professional management of your finances through a trust corporation but also need a Health and Welfare LPA, you will need to appoint an individual for the health and welfare side. Many people create both types — see our guide on whether you should create both types of LPA.

How to Find a Trust Corporation

If you’re considering this route, start by contacting your bank or building society — many of the larger ones operate trust corporation services. Specialist trust companies also offer this service, as do some larger solicitors’ firms.

Before appointing any trust corporation, check the following:

• Authorisation — confirm they meet the legal definition of a trust corporation
• Fee transparency — ask for a full written breakdown of all charges
• Experience — check how long they have been providing attorney services
• Insurance — verify they carry professional indemnity insurance
• Complaints process — understand what happens if something goes wrong

Worth knowing: the Court of Protection can also appoint a trust corporation as a deputy if someone has already lost mental capacity and no LPA is in place. That process is significantly more expensive and time-consuming than setting up an LPA in advance.

Common Questions About Trust Corporations as LPA Attorneys

This guide was last reviewed and updated on 9 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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