Can an LPA Attorney Delegate Their Powers?

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

An LPA attorney is appointed personally. The donor chose them specifically — not a proxy, not a family stand-in, not whoever happens to be available. That personal nature of the appointment means that, as a general rule, an attorney cannot simply hand their powers to someone else. But there are some limited situations where help is permissible, and knowing the difference matters.

The General Rule: No Delegation

An attorney cannot delegate their authority under a lasting power of attorney to another person. This is not just a convention — it reflects the fundamental nature of the LPA. The Mental Capacity Act 2005 and the LPA framework assume the attorney is acting personally and with the care expected of the specific person the donor chose to trust.

If delegation were freely permitted, the safeguard of the donor’s personal choice of attorney would be meaningless. Anyone could effectively become the attorney simply by being handed the document.

What Attorneys Can Do: Using Professional Services

There is an important distinction between delegating authority (which is not permitted) and instructing professionals to assist with specific tasks (which is perfectly acceptable).

An attorney can instruct a professional to carry out tasks using the donor’s funds — and pay for those services from the donor’s money. Examples include:

• Solicitors — to handle a property transaction, draft legal documents, or advise on an application to the Court of Protection
• Accountants — to file the donor’s tax returns, manage accounts, or provide financial advice
• Financial advisers — to manage investments or advise on pension and benefit entitlements
• Estate agents — to handle the sale or letting of the donor’s property

In each case, the professional is carrying out a service — not taking on the role of attorney. The attorney remains responsible for the decisions made and for overseeing the professional’s work on the donor’s behalf.

The Property Transaction Exception

One narrow practical exception relates to property transactions. In some circumstances, an attorney who cannot be physically present to sign documents may authorise a solicitor to sign on their behalf under a specific written authority document. This is not a permanent delegation — it is a practical solution for a specific transaction where the attorney cannot attend in person.

This is a technically complex area and must be done correctly. If an attorney cannot attend to sign property documents, they should take legal advice on the correct way to proceed. The wrong approach could delay or invalidate a transaction.

What Attorneys Cannot Do

To be clear, the following actions are not permitted:

• Giving the LPA document to another person to “use when needed” — the LPA is for the named attorney’s use only
• Telling a family member they can act as attorney while you are on holiday — there is no legal basis for a temporary substitute unless a replacement attorney was named
• Creating your own sub-power of attorney — an attorney cannot grant the powers they hold under the LPA to a third party
• Signing the LPA over to another person — the attorney role is not transferable

Multiple Attorneys: Joint and Jointly and Severally

Where the donor appointed more than one attorney, the position depends on how they are appointed:

• Jointly and severally — each attorney can act independently. If one is temporarily unavailable, the others can continue to act without any need for delegation.
• Jointly — all attorneys must agree on and sign off every decision together. If one cannot act, the others cannot simply proceed alone. A joint arrangement offers no workaround for one attorney being absent.

For donors who have not yet registered their LPA, this is an important consideration when deciding how to appoint multiple attorneys. A jointly and severally appointment is generally more flexible in practice.

When You Cannot Continue: Disclaiming the Role

If an attorney genuinely cannot continue — whether due to illness, a change in circumstances, or a move abroad — the correct course of action is to formally disclaim the role. Disclaiming ends the attorney’s appointment properly and allows any named replacement attorney to step in.

Disclaimer must be done in writing and, after registration, notified to the OPG. It is not enough to simply stop acting. Failing to act when needed is a breach of duty and could cause serious harm to the donor.

If a replacement attorney was named in the LPA, they will take over once the original attorney disclaims. If no replacement was named and there are no remaining attorneys capable of acting, the LPA may become unworkable. See our guide on replacement attorneys for more detail on how this works.

Temporary Incapacity: A Difficult Gap

The law provides no formal mechanism for a temporary substitute. If an attorney is temporarily unable to act — recovering from an operation, travelling without reliable communication, or otherwise unavailable for a short period — the LPA framework does not offer a neat solution unless:

• The attorneys are appointed jointly and severally, meaning the other(s) can act alone
• A replacement attorney was named who can step in during the original attorney’s absence

Where neither condition applies, the attorney must do their best to remain contactable and manage their duties remotely, or consider whether disclaiming and allowing a replacement to take over is the most responsible course of action.

Common Questions About Attorney Delegation

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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