What Powers Does an Attorney Actually Have?
A detailed guide to what your chosen attorney can and cannot do under a Lasting Power of Attorney in England & Wales.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Can your attorney sell your house? Refuse medical treatment on your behalf? Give money to your grandchildren? These are the kinds of questions people ask once they realise how much authority an LPA actually grants. Understanding the specific powers your attorney will hold — and the important limitations on those powers — is essential before you create your Lasting Power of Attorney. This guide provides a detailed breakdown of attorney powers under both types of LPA.
At a glance
- A Property and Financial Affairs attorney can manage bank accounts, pay bills, sell property, and handle investments on your behalf
- A Health and Welfare attorney can make decisions about medical treatment, care, and where you live — but only when you lack capacity
- Attorneys cannot change your Will, vote on your behalf, or consent to marriage for you
- You can add legally binding restrictions to limit or shape what your attorney can do
Powers Under a Property and Financial Affairs LPA
A Property and Financial Affairs LPA grants your attorney authority to manage your financial life. The scope of these powers is broad and covers virtually every aspect of your financial affairs. Specifically, your attorney can:
- Operate your bank and building society accounts — making withdrawals, deposits, transfers, and payments
- Pay your bills — managing household bills, council tax, insurance, subscriptions, and any other financial commitments
- Collect income on your behalf — receiving your pension, wages, benefits, rental income, or investment returns
- Buy, sell, or manage property — including your home and any other real estate you own
- Manage investments — buying, selling, or holding shares, bonds, ISAs, and other investment products
- Deal with your tax affairs — completing self-assessment returns, corresponding with HMRC, and paying tax liabilities
- Claim or manage benefits — applying for attendance allowance, pension credit, or other entitlements
- Take out or manage insurance — home, car, life, or health insurance policies
- Handle legal proceedings — instructing solicitors and managing legal matters relating to your financial affairs
What surprises many people is that a Property and Financial Affairs LPA can be used while you still have mental capacity, as long as you consent to your attorney acting. This makes it a practical tool for everyday situations — for instance, if you are abroad, in hospital, or simply want help managing complex finances. Our guide on whether an attorney can access your bank accounts covers this in more detail.
Powers Under a Health and Welfare LPA
A Health and Welfare LPA covers a completely different set of decisions. It gives your attorney the power to make choices about your personal care, medical treatment, and living arrangements. These powers include:
- Daily care and routine — decisions about your diet, clothing, hygiene, and daily activities
- Medical treatment — consenting to or refusing specific treatments, choosing between treatment options, and accessing your medical records
- Where you live — deciding whether you remain at home, move to sheltered housing, or enter a care home
- Who you have contact with — managing your social interactions and visitors, particularly in a care setting
- Community and social services — arranging home care, day centre attendance, or other social care support
- Complaints about care — raising concerns about the standard of care you are receiving
Unlike the financial LPA, a Health and Welfare LPA can only be used when you lack the mental capacity to make the specific decision in question. If you are capable of deciding, your attorney cannot override your choice.
The Special Question of Life-Sustaining Treatment
When creating a Health and Welfare LPA, you face one of the most significant decisions in the entire process: whether to give your attorney the power to consent to or refuse life-sustaining treatment on your behalf.
Life-sustaining treatment includes any medical intervention that is intended to keep you alive, such as ventilation, CPR, artificial nutrition and hydration, and certain medications. If you grant this power, your attorney could make the decision to withdraw or withhold such treatment if, in their judgement, it is in your best interests.
If you choose not to give your attorney this power, decisions about life-sustaining treatment will be made by your medical team, in consultation with your family. This is a deeply personal choice, and there is no right or wrong answer. You should discuss it carefully with your attorney and your family.
Key point: The decision about life-sustaining treatment is entirely yours to make when creating your LPA. Take time to think it through and discuss it with the people who matter most to you.
When Can an Attorney Start Using Their Powers?
The timing of when an attorney's powers take effect varies between the two types of LPA:
Property and Financial Affairs LPA
Powers can be used as soon as the LPA is registered with the Office of the Public Guardian, provided the donor consents. This means your attorney can help with your finances even while you have full mental capacity. You remain in control and can revoke the LPA at any time while you have capacity.
Health and Welfare LPA
Powers can only be used when you lack the mental capacity to make a particular decision. Capacity is assessed on a decision-by-decision basis, meaning you might lack capacity for one type of decision but retain it for another. Your attorney cannot simply take over all health decisions.
Limitations and Things an Attorney Cannot Do
Attorney powers are not unlimited. The law sets clear boundaries on what an attorney can do, and there are several things that are strictly prohibited regardless of what the LPA says:
- An attorney cannot make or change your will
- An attorney cannot vote on your behalf in any election
- An attorney cannot consent to a marriage or civil partnership for you
- An attorney cannot make decisions you still have the capacity to make (for Health and Welfare LPAs)
- An attorney cannot give themselves gifts from your estate beyond what is customary and reasonable
- An attorney cannot mix your money with their own
- An attorney cannot benefit themselves from your assets or decisions unless specifically authorised in the LPA
- An attorney cannot delegate their authority to another person (with limited exceptions for professional investment management)
For a full exploration of these limitations, see our guide on what attorneys are not allowed to do.
Adding Restrictions to Shape Attorney Powers
As the donor, you have the right to include restrictions in your LPA that limit or shape how your attorney exercises their powers. Restrictions are legally binding — your attorney must comply with them. Common restrictions include:
- Requiring a second attorney's agreement before selling property
- Setting spending limits on certain types of transactions
- Prohibiting your attorney from making gifts above a specified amount
- Requiring your attorney to consult with a named family member before making major decisions
- Restricting investment decisions to certain types of assets
You can also include preferences, which are guidance that your attorney should follow where possible but which are not legally binding. For example, you might express a preference for a particular care home or state that you wish to remain at home for as long as possible. To understand more about the responsibilities that come with these powers, see our guide on the duties of an attorney.
How Attorneys Are Held Accountable
Attorneys are not free to do whatever they wish. They are subject to oversight by the Office of the Public Guardian (OPG), which has the power to investigate complaints about attorney behaviour. If an attorney is found to be acting improperly — for example, by misusing the donor's funds, acting against their best interests, or exceeding their authority — the OPG can refer the case to the Court of Protection, which has the power to revoke the LPA and remove the attorney.
Anyone with concerns about how an attorney is using their powers can raise those concerns with the OPG. This provides an important safeguard against abuse and ensures that the system protects vulnerable people.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Financial LPA powers are broad — your attorney can operate bank accounts, manage investments, buy or sell property, and handle tax affairs on your behalf
- Health and Welfare LPA powers are decision-specific — your attorney can only act when you lack capacity for that particular decision, not generally
- Life-sustaining treatment is optional — you choose whether to grant your Health and Welfare attorney the power to consent to or refuse life-sustaining treatment
- Restrictions are enforceable — any restrictions you add to the LPA are legally binding, and your attorney must comply with them
- Accountability is built in — the OPG can investigate complaints, and the Court of Protection can revoke an LPA if an attorney acts improperly
Attorney Powers: Answers to Key Questions
Can an attorney change the donor's Will?
No. An attorney cannot make or change the donor's Will under any circumstances. This is one of the absolute restrictions on attorney powers, regardless of what type of LPA is in place.
Can an attorney sell the donor's house?
Yes, an attorney under a Property and Financial Affairs LPA can sell the donor's property, provided it is in the donor's best interests. The donor can include restrictions in the LPA to require additional safeguards, such as a second attorney's agreement.
Can an attorney make gifts from the donor's money?
An attorney can only make gifts that are of reasonable value on customary occasions such as birthdays or Christmas, or to charities the donor previously supported. Anything beyond this requires Court of Protection approval.
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.
