What does it mean to be an attorney or deputy?
An attorney is a person appointed under a Lasting Power of Attorney (LPA) to make decisions for someone else (the donor) if they choose to, or if they lose mental capacity. A deputy is appointed by the Court of Protection to make decisions for a person who can no longer make decisions themselves.
Both roles carry legal responsibilities and must always act in the best interests of the person they represent.
When can I start acting?
- Property & Financial Affairs LPA:
You may act as soon as the LPA is registered, unless the donor has said otherwise. - Health & Welfare LPA:
You can only act when the person has lost mental capacity. - Deputies:
You can act from the date the Court appoints you and issues your deputyship order.
What does “acting in someone’s best interests” mean?
You must:
- Consider the person’s wishes, feelings, values, and past decisions.
- Consult relevant family members and professionals.
- Choose the least restrictive option.
- Keep the person involved in decision‑making as far as possible.
This is a legal duty under the Mental Capacity Act 2005.
What decisions am I allowed to make?
This depends on the LPA or court order. Common decisions include:
Under a Property & Financial Affairs LPA / Deputyship
- Managing bank accounts.
- Paying bills and care fees.
- Handling property (including selling a home).
- Managing investments.
- Budgeting and financial planning.
Under a Health & Welfare LPA / Deputyship
- Daily care and living arrangements.
- Medical treatment decisions.
- Choices around social activities.
- End‑of‑life care (if the LPA includes this authority).
Deputies must stick to the powers set out specifically in their court order.
What decisions can’t I make?
You cannot:
- Make a Will for the person (unless the Court approves a statutory Will).
- Make large gifts beyond normal occasions and amounts.
- Restrict liberty without lawful authority.
- Make decisions outside the scope of your LPA or deputyship order.
Always seek advice if you’re unsure.
Do I have to keep records?
Yes. Attorneys and deputies must keep:
- Accurate financial accounts.
- Receipts and invoices.
- Notes of decisions and how they were made.
Deputies also submit annual reports to the Office of the Public Guardian (OPG).
Will I be personally liable if something goes wrong?
If you act:
- In the person’s best interests,
- Within your authority,
- With reasonable care
… you are unlikely to be personally liable.
However, acting outside your powers or misusing funds can lead to investigation or personal responsibility. Always ask if unsure.
Can I claim expenses or be paid?
- Attorneys may claim reasonable out‑of‑pocket expenses but are only paid if the LPA expressly allows it.
- Deputies may be entitled to remuneration, depending on the court order.
How do I make big decisions—like selling the donor’s home?
You must:
- Check that the LPA/Court order gives you authority.
- Confirm the person lacks capacity about that specific decision.
- Keep clear records showing best‑interests reasoning.
- Seek professional advice where needed.
Deputies may sometimes require additional court approval.
What support is available if I need help?
You’re not expected to know everything. Many attorneys and deputies seek advice on:
- Property sales.
- Care funding.
- Investment management.
- Disputes between family members.
- Best‑interests assessments.
- Inheritance tax planning.
- Making gifts.
SUPPORT FOR ATTORNEYS, DEPUTIES & FAMILIES
We advise Attorneys and Deputies on their legal responsibilities and can assist with disputes or concerns. In complex or sensitive cases, our Partners can act as professional Attorneys or Deputies— especially where no suitable family member is available.
Whether you’re planning ahead or facing an urgent situation, our team is here to help.
Whilst we are based in Bury St Edmunds, we support clients nationwide. Contact us by completing the enquiry form below.
