A Practical Guide for New LPA Attorneys
What to do first, what you can and cannot do, and how to carry out your duties properly from day one.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
As a registered LPA attorney, your core duty is to act in the donor’s best interests, follow any binding instructions in the LPA, and keep their finances entirely separate from your own. Being named as someone’s LPA attorney is a real sign of trust. The donor — the person who created the lasting power of attorney — has chosen you to act on their behalf when they are unable to do so themselves. That means real legal responsibility, and it pays to understand exactly what the role involves before you need to use it.
At a glance
- You can only act once the LPA is registered with the OPG — an unregistered LPA has no legal force
- Your core duty is to act in the donor’s best interests, not your own convenience
- Keep the donor’s finances completely separate from yours and record every transaction
- If the donor still has capacity for a particular decision, they make it — not you
Your First Steps: Before You Do Anything
Before you act under any lasting power of attorney, check that it has been registered with the Office of the Public Guardian. A registered LPA carries a stamp from the OPG on every page. Without registration, the document has no legal force — you cannot use it, and no bank, care provider, or other body is required to accept it.
Once you have confirmed it is registered, read the document carefully from start to finish. Pay particular attention to:
- Instructions — these are legally binding and you must follow them exactly
- Preferences — not legally binding, but you should take them into account
- Type of LPA — whether it covers property and financial affairs, health and welfare, or both
- Other attorneys — whether you are a sole attorney, acting jointly, or acting jointly and severally
- Replacement attorneys — who takes over if you cannot continue
It is also worth reading the guidance issued by the Office of the Public Guardian. Their Mental Capacity Act Code of Practice is the statutory guidance for attorneys and explains the role in plain English. It is free to download and reading it from the start will help you understand your obligations and protect yourself if your decisions are ever questioned.
Your Core Legal Duties
As an attorney, your duties are set out in the Mental Capacity Act 2005. These are not optional guidelines — they are legal obligations. The main ones are:
Act in the donor’s best interests
Every decision you make must be for the donor’s benefit, not your own convenience or anyone else’s.
Respect the donor’s autonomy
If the donor can still make a decision for themselves, they should. Capacity is decision-specific, not all or nothing.
Consider past wishes and values
What would the donor have wanted? Look at what they said when they had capacity, their values, beliefs, and known preferences.
Act with care and skill
You are expected to act to a reasonable standard. If you have relevant professional expertise, the standard is higher.
For a full breakdown of these obligations, see our guide on the duties of an LPA attorney and the separate guide on how attorneys must act in the donor’s best interests.
When You Can — and Cannot — Use the LPA
One of the most misunderstood aspects of the attorney role is when you are actually permitted to act.
For a property and financial affairs LPA, the document may allow you to act while the donor still has full mental capacity — for example, to help with banking or bill payments. However, this only applies if the LPA explicitly permits it. You should check this carefully.
For a health and welfare LPA, you can only act once the donor lacks capacity for the specific decision being made. You cannot override a decision made by a person who still has the capacity to make it themselves. Capacity is assessed decision by decision — someone might lack capacity to manage a large financial transaction but still be fully capable of deciding what they want for lunch.
Key point: If the donor still has capacity for a decision, they make it — not you. Your role is to support them, not replace them.
Financial Attorneys: What You Must Do
If you hold a property and financial affairs LPA, there are specific rules around how you handle money. These are not suggestions — failing to follow them can result in investigation or removal.
- Keep finances separate — never mix the donor’s money with your own. Open a dedicated account if needed.
- Keep records of every transaction — bank statements, receipts, invoices. The OPG can ask you to account for the donor’s money at any time.
- Do not use the donor’s money for your own benefit — unless the LPA specifically authorises it (for example, paying yourself an agreed fee).
- Gifts are tightly restricted — you can only make gifts on customary occasions (birthdays, Christmas) and they must be of a reasonable value. See our guide on whether attorneys can give gifts.
For more detail on the financial side of the role, see our guide on how attorneys manage a donor’s finances.
Record-Keeping From Day One
Good record-keeping protects both you and the donor. From the moment you start acting, keep a clear log of:
- Financial transactions — what was spent, when, and why
- Significant decisions — what you decided, the date, and your reasoning
- Who you consulted — doctors, social workers, other attorneys, family members
- Correspondence — letters and emails with banks, care providers, and professionals
If a decision is later questioned, your records are your evidence that you acted properly. Even informal notes are better than nothing.
How to Register the LPA With Banks and Other Organisations
One of the first practical steps as a new attorney is notifying the relevant organisations that the LPA exists and is registered. Most banks, building societies, and care providers will want to see the original stamped LPA or a certified copy before accepting the attorney’s authority.
- Banks and building societies — most have a specific process for LPA registration. Visit a branch with the original registered LPA and photo ID. Some banks now accept certified copies or online verification using the OPG access code.
- HMRC — notify HMRC of the LPA if you will be managing the donor’s tax affairs. They have a process for setting up attorney access to the donor’s tax records.
- Pension providers and investment firms — contact each provider separately. They will have their own procedures for registering an attorney’s authority.
- GP and healthcare providers — if you hold a Health and Welfare LPA, register a copy with the donor’s GP surgery and any specialist medical teams involved in their care.
For a detailed guide, see our page on how to register an LPA with a bank.
What If I Disagree With Another Attorney?
Some LPAs name more than one attorney. The way they must act together depends on what the donor specified in the document:
- Jointly — all attorneys must agree on every decision. If you cannot agree, you are deadlocked and may need to apply to the Court of Protection.
- Jointly and severally — any attorney can act alone, but it is still good practice to consult one another on significant decisions.
- Jointly for some decisions, jointly and severally for others — the LPA will specify which approach applies to which type of decision.
If a serious disagreement arises between attorneys and cannot be resolved, the matter can be referred to the Court of Protection. Persistent disagreement that harms the donor’s interests can result in one or more attorneys being removed. See our guide on what happens when attorneys disagree for more detail.
Common Mistakes New Attorneys Make
Most problems arise not from bad intentions but from simply not knowing the rules. The most common early mistakes are:
- Mixing finances — paying for the donor’s shopping from your own account and not separating it properly
- Making gifts without checking — giving money to family members without understanding the restrictions
- Not consulting the donor — making decisions without checking whether the donor still has capacity for that specific decision
- Acting before the LPA is registered — the document has no legal effect until registered
- Ignoring instructions in the LPA — failing to read or follow the specific instructions the donor included
Getting Professional Help
You do not have to manage everything alone. As an attorney, you are entitled to instruct professionals and pay for their advice from the donor’s funds. This includes:
- Solicitors — for property transactions, legal queries, or applying to the Court of Protection
- Accountants — for filing the donor’s tax returns or managing investments
- Financial advisers — for managing a portfolio or advising on benefits and entitlements
This is not delegating your authority — it is using professional services on the donor’s behalf, which is perfectly acceptable. You retain the decision-making responsibility; the professional assists you in carrying it out.
If You Cannot Continue: Stepping Down
Sometimes life changes. You may move abroad, become ill, or find that the demands of the role are more than you expected. If you genuinely cannot continue, you have the right to disclaim — formally step down from the role. This must be done properly; you cannot simply stop acting.
If the donor named a replacement attorney, they will step in when you disclaim. If no replacement was named and you were the sole attorney, the LPA may fail entirely — which is why replacement attorneys are so important to plan for.
It is far better to step back than to continue in a role you cannot carry out properly. The donor’s interests must always come first.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Read the LPA document carefully — pay particular attention to any instructions (legally binding) and preferences (not binding but should be considered)
- Never mix finances — open a separate account for the donor’s money and keep clear records of every transaction from day one
- Capacity is decision-specific — a donor may lack capacity for complex financial decisions but still be able to decide everyday matters for themselves
- Seek professional help when needed — solicitors, accountants, and financial advisers can be paid from the donor’s funds
- You can step down if necessary — formally disclaim the role rather than continue if you cannot fulfil the duties properly
Common Questions From New Attorneys
When can I start acting as an LPA attorney?
You can only act once the LPA has been registered with the Office of the Public Guardian. An unregistered LPA has no legal force. For a property and financial affairs LPA, you may be able to act while the donor still has capacity if the document permits it. For a health and welfare LPA, you can only act once the donor lacks capacity for the specific decision in question.
Do I have to accept the role of attorney?
No. Being named in an LPA does not oblige you to act. You can decline before registration by not signing, or formally disclaim the role after registration. If you disclaim, a replacement attorney named in the document will step in, if one was appointed. It is better to step back than to accept a role you cannot carry out properly.
Can I be paid for being an attorney?
Lay attorneys (family members or friends) are not automatically entitled to payment, but can claim reasonable out-of-pocket expenses. The LPA can specifically authorise a fee. Professional attorneys such as solicitors are entitled to charge for their services if the LPA permits it. See our separate guide on whether attorneys can be paid for full details.
What should I do if I am unsure about a decision?
If you are uncertain whether a decision is in the donor’s best interests, stop and take advice before acting. You can consult a solicitor, financial adviser, or healthcare professional. In cases of genuine difficulty, you can apply to the Court of Protection for guidance. Acting cautiously and documenting your reasoning is always better than rushing a decision you are not confident about.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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