Understanding the role and responsibilities of a Lasting Power of Attorney (LPA)in the UK is essential if you have been appointed as an attorney or are considering what the role involves. Being an attorney is a significant position of trust, and it comes with clear legal and ethical responsibilities.
In simple terms, a Lasting Power of Attorney is a legal arrangement that allows someone you trust to make decisions on your behalf if you are unable to do so yourself. The person appointed is known as an attorney, and their role must always be carried out carefully, respectfully, and in the individual’s best interests.
Being Appointed as an Attorney Under a Lasting Power of Attorney
Being appointed as an attorney under a Lasting Power of Attorney means that someone has chosen you to step in and support them if they lose the ability to make decisions independently.
This is not about taking control. It is about acting as a safeguard.
While it can feel like a big responsibility, the role is ultimately centred around acting with care, integrity, and always prioritising the person’s wellbeing and wishes.
At all times, attorneys must focus on what is known as the person’s best interests, ensuring decisions are made thoughtfully and with respect for their values and preferences.
Acting in the Person’s Best Interests
One of the most important responsibilities of an attorney is to act in the individual’s best interests.
This means:
- Considering the person’s wishes, beliefs and values
- Supporting them to be involved in decisions for as long as possible
- Thinking about what they would have wanted if they could decide themselves
A key part of the role and responsibilities of a Lasting Power of Attorney is not simply making decisions for someone, but helping them remain part of the decision-making process wherever possible.
Even when capacity changes, their voice and preferences should still guide your actions.
Understanding the Two Types of LPA
It is important to act within the scope of the Lasting Power of Attorney, as there are two distinct types:
Property and Financial Affairs LPA
This covers decisions such as:
- Managing bank accounts
- Paying bills
- Handling pensions, savings and investments
- Dealing with property matters
Health and Welfare LPA
This covers decisions such as:
- Medical treatment and care
- Daily routine and living arrangements
- Decisions about ongoing health and wellbeing
Your authority as an attorney depends on which type of LPA you have been appointed for. You should only make decisions within that legal scope.
Working With Professionals as an Attorney
In many situations, attorneys will need to work alongside professionals such as:
- GPs and medical staff
- Social workers and local authorities
- Care providers
- Banks and financial institutions
Clear and open communication is an important part of fulfilling your responsibilities. It helps ensure decisions are well informed and that the person receives the appropriate support and care.
Being an attorney does not mean you need to have all the answers. It means ensuring the right conversations happen and that decisions are made responsibly.
Knowing When to Seek Advice and Support
A key part of the role and responsibilities of a Lasting Power of Attorney is recognising when additional support is needed.
There may be times when decisions feel complex, emotional or uncertain. In these situations, it is completely appropriate to seek guidance from:
- Legal professionals
- Financial advisers
- Healthcare professionals
Seeking advice is not a sign of uncertainty or failure. It is a responsible way to ensure decisions are made correctly and in the person’s best interests.
The Purpose of a Lasting Power of Attorney
At its core, the role of an attorney is about more than administration or decision-making.
It is about:
- Protecting the person’s wellbeing
- Respecting their independence
- Ensuring their wishes are followed wherever possible
- Providing support when they need it most
Understanding the role and responsibilities of a Lasting Power of Attorney helps ensure that attorneys can carry out their duties with confidence and clarity.
It is a role built on trust, care and respect, and when approached correctly, it can provide real reassurance for both the attorney and the person they are supporting.
Download our new Guide to Lasting Power of Attorney here.
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