Can Attorneys Be Paid for Their Work?
Understanding payment, expenses, and professional fees for LPA attorneys.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Managing someone else's financial affairs or healthcare decisions is not a small commitment. Between bank visits, paperwork, and difficult conversations with care providers, being an attorney can feel like a part-time job. So can attorneys actually be paid for their time? The answer depends on whether the attorney is a professional (such as a solicitor or accountant) or a lay person (such as a family member or friend).
At a glance
- Family and friend (lay) attorneys have no automatic right to payment, but can claim reasonable out-of-pocket expenses
- Professional attorneys (solicitors, accountants) can charge fees, typically £150–£350 per hour or a fixed annual fee
- The donor can specifically authorise payment for a lay attorney in the LPA document
- Without authorisation in the LPA, a lay attorney must apply to the Court of Protection to receive payment
The Default Rule: No Automatic Right to Payment
Under English law, there is no automatic right for an attorney to be paid for carrying out their duties under an LPA. If you appoint a family member or friend as your attorney, they are expected to act voluntarily. This reflects the fact that the role is based on trust and personal responsibility.
The law does, however, recognise that attorneys should not be out of pocket as a result of carrying out their duties. All attorneys — whether professional or lay — are entitled to claim reasonable out-of-pocket expenses from the donor's estate.
What Expenses Can Lay Attorneys Claim?
Lay attorneys (family members, friends, or other unpaid individuals) are entitled to be reimbursed for reasonable expenses incurred while carrying out their duties. These typically include:
- Travel costs — for example, petrol, train fares, or parking charges when visiting the donor or attending meetings on their behalf
- Postage and stationery — for correspondence with banks, the OPG, or other organisations
- Phone calls — the cost of calls made on the donor's behalf
- Professional fees — costs of obtaining professional advice (such as legal, financial, or tax advice) needed to carry out the attorney's duties properly
- Bank charges — any charges incurred on the donor's accounts as a result of the attorney's management
The key word is reasonable. Attorneys should keep receipts and records of all expenses claimed, as the OPG may ask to see them. Excessive or unjustified expenses could be challenged.
Key point: A lay attorney claiming £20 for petrol to visit the donor is reasonable. A lay attorney claiming £500 a month for "general expenses" without receipts would likely be questioned.
Professional Attorneys and Fees
If the donor appoints a professional attorney — such as a solicitor, accountant, or professional deputy service — that professional is entitled to charge reasonable fees for their work. This is because managing someone's affairs professionally is part of their job, and they would not normally act without payment.
Professional attorneys typically charge on one of the following bases:
- Hourly rate — charging for the time spent managing the donor's affairs, similar to how they would charge any client
- Fixed fee — an agreed annual or monthly fee for ongoing management
- Percentage of assets — some professional services charge a percentage of the value of the donor's estate under management
The LPA should ideally include a provision authorising the professional attorney to charge for their services. Without this, there can be uncertainty about whether they are entitled to fees. It is good practice to agree the fee structure in advance and include it in the LPA or a separate letter of engagement.
Can a Lay Attorney Be Paid a Fee?
While lay attorneys are not automatically entitled to payment beyond expenses, the donor can specifically authorise payment in the LPA. For example, the donor might include an instruction such as: "My attorney may pay themselves £200 per month from my estate in recognition of their time and effort."
If the LPA does not include such a provision and the donor has lost capacity, a lay attorney who wishes to receive payment would need to apply to the Court of Protection for authorisation. The court would consider whether payment is justified given the complexity of the work, the time involved, and the size of the donor's estate.
Be aware that being paid to act as an attorney may be seen as a conflict of interest in some circumstances. If the attorney has a financial incentive to continue managing the donor's affairs, questions could arise about whether their decisions are truly in the donor's best interests.
How to Arrange Payment in the LPA
If you want your attorney to be paid, the simplest approach is to include clear instructions in the LPA when you create it. You should specify:
- Whether the attorney is authorised to charge for their services
- The basis on which they will charge (hourly, fixed fee, etc.)
- Any cap on the amount that can be charged
- Whether the arrangement applies to all attorneys or just specific ones (for example, only the professional attorney)
For guidance on choosing the right attorney, including whether to appoint a professional, see our separate guide. For more on who can be an attorney, including eligibility requirements, we have a dedicated guide as well.
Payment Does Not Change an Attorney's Legal Duties
Whether paid or unpaid, all attorneys are subject to the same legal duties. They must act in the donor's best interests, keep records, avoid conflicts of interest, and comply with the Mental Capacity Act 2005. Payment does not change the fundamental nature of the attorney's responsibilities — it simply recognises the time and effort involved in carrying them out.
If anything, a paid attorney may face greater scrutiny, as there is an expectation that someone being compensated for their work will perform to a high standard. Professional attorneys, in particular, are held to the professional standards of their regulatory body (such as the Solicitors Regulation Authority) in addition to the requirements of the Mental Capacity Act.
Tip: If you are considering appointing a professional attorney, ask for a clear fee estimate before you finalise your LPA. Compare costs between different providers and make sure you understand exactly what is included.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Expenses are always claimable — all attorneys, whether professional or lay, can recover reasonable out-of-pocket costs such as travel, postage, and phone calls from the donor's estate.
- Professional fees should be agreed upfront — include the fee structure in the LPA or a separate letter of engagement to avoid uncertainty later.
- Self-payment needs authorisation — a lay attorney cannot simply start paying themselves; either the LPA must specifically permit it, or the Court of Protection must approve it.
- Payment does not change the duty — paid or unpaid, every attorney must act in the donor's best interests, keep records, and comply with the Mental Capacity Act 2005.
What People Ask About Attorney Payment
Can a family member acting as attorney claim travel expenses?
Yes. All attorneys, including family members, are entitled to claim reasonable out-of-pocket expenses such as travel costs, postage, and phone calls. They should keep receipts and records of all expenses claimed from the donor's estate.
How much do professional attorneys typically charge?
Professional attorneys such as solicitors typically charge between £150 and £350 per hour, or may offer fixed annual fees depending on the complexity of the donor's affairs. It is important to agree the fee structure in writing before the LPA is finalised.
Can a lay attorney start paying themselves without the donor's permission?
No. Unless the LPA specifically authorises payment, a lay attorney cannot pay themselves a fee. If the donor has lost capacity and the attorney wishes to receive payment, they must apply to the Court of Protection for authorisation.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Government guidance on GOV.UK
Give Your Family Peace of Mind
Choosing the right attorney now means your loved ones won’t face difficult decisions alone.
