Lasting Powers of Attorney: What is the role of an Attorney?

The Powers of an Attorney are set out within the Lasting Power of Attorney document itself.

The main responsibilities of an Attorney involve:

1.     Always act within the best interests of the Donor (person making the Lasting Power of Attorney) and take into consideration their wishes

2.     Ensuring that the Donor’s property and funds are separate from their own and anyone else

3.     Not taking advantage of the Donor for their own personal gain

4.     Always acting within the scope of the Mental Capacity Act 2005 alongside the supporting Code of Practice

As an Attorney, you may want to provide certified copies of the Lasting Power of Attorney to people and companies relevant to the Donor. This ensures that it is known that you have authority to make decisions on behalf of the person who lacks capacity to make the decisions themselves.

It is advisable that Attorneys stay organised as it is considered a duty to keep records of their actions on behalf of the Donor. This is to ensure that every transaction can be accounted for if the Court requests that the Attorney produce records. If records are not kept, there is a risk of the Attorney being deemed incompetent and the Lasting Power of Attorney may be cancelled.

An Attorney may also wish to retire as Attorney. The Office of the Public Guardian should  be notified in this event if an Attorney wishes to cease to act. If the Lasting Power of Attorney is registered and there is only one Attorney who wishes to retire, they should take steps to locate someone suitable to apply to the Court of Protection to become a Deputy. The appointed Deputy will then be able to make decisions on behalf of the Donor instead.

If you have any questions about Lasting Powers of Attorney please contact one of our team on 01937 227 830 or book an appointment