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Attorney (LPA Context)

Also known as: LPA Attorney, Attorney-in-Fact

Definition

An attorney (in the LPA context) is a person you legally appoint through a Lasting Power of Attorney to make decisions on your behalf if you lose mental capacity.

Despite the name, an attorney isn't a lawyer—they're simply a trusted person (family member, friend, or professional) who acts for you when you cannot make decisions yourself.

What Does Attorney (LPA Context) Mean?

An attorney is someone you appoint through a Lasting Power of Attorney (LPA), a legal document created under the Mental Capacity Act 2005. The term "attorney" can be confusing because it sounds like you need a legal professional, but that's not the case. Your attorney is simply a trusted individual who doesn't need any legal qualifications. They just need to be at least 18 years old and have mental capacity. The person creating the LPA is called the "donor," and the person appointed is the "attorney."

There are two distinct types of attorneys based on which LPA you create. Property and Financial Affairs attorneys manage your bank accounts, pay bills, sell property, handle investments, and claim benefits. Health and Welfare attorneys make decisions about medical treatment, care home placement, daily routines, and life-sustaining treatment. The timing differs significantly: Property and Financial attorneys can act as soon as the LPA is registered with the Office of the Public Guardian (takes 8-10 weeks, costs £82 rising to £92 from 17 November 2025), even while you still have capacity—with your permission. Health and Welfare attorneys can only act once you've lost capacity to make those specific decisions. Sarah appointed her daughter Emma as her Property and Financial Affairs attorney. Once registered, Emma helped Sarah pay bills and manage savings with Sarah's permission, and later acted independently when Sarah developed dementia.

Your attorney has a fiduciary duty to act in your best interests at all times, following the five principles of the Mental Capacity Act 2005. They must assume you have capacity, support your decision-making, and choose the least restrictive option. Attorneys face important restrictions: they cannot make gifts beyond modest customary occasions, cannot change your will, must keep your money separate from their own, and must keep accurate records. Critically, your attorney's authority ends immediately upon your death. After you die, your executor (named in your will) takes over—attorney powers cease entirely. Many people assume their attorney automatically becomes their executor, but these are separate roles requiring separate legal documents, though the same person can hold both positions.

Common Questions

"Does an attorney need to be a solicitor or legal professional?"

No, an attorney doesn't need any legal qualifications or experience. You can appoint anyone you trust who is at least 18 years old and has mental capacity—this could be your partner, adult child, friend, or a family member. Many people choose close relatives who know them well.

"When can my attorney start making decisions for me?"

For Property and Financial Affairs LPAs, your attorney can act as soon as the LPA is registered with the Office of the Public Guardian (takes 8-10 weeks), with your permission. For Health and Welfare LPAs, your attorney can only make decisions once you've lost mental capacity to make those decisions yourself.

"Does my attorney's authority continue after I die?"

No, your attorney's authority ends immediately upon your death. After you die, your executor (named in your will) takes over to manage your estate. Your attorney cannot act on your behalf after death, even if they're also your executor—they must switch to their executor role.

Common Misconceptions

Myth: I need to appoint a solicitor or legal professional as my attorney because they'll know what to do.

Reality: An attorney in the LPA context is simply a trusted decision-maker—not a legal professional. You can (and most people do) appoint family members or friends. While you can choose a professional attorney (like a solicitor) if you wish, it's completely unnecessary and will cost ongoing fees. Your attorney doesn't need legal knowledge; they just need to be trustworthy, over 18, and willing to act in your best interests.

Myth: My attorney can handle everything when I die—I don't need to worry about naming an executor in my will.

Reality: Your attorney's powers end the moment you die. After death, only your executor (named in your will) can manage your estate, pay debts, and distribute assets. These are completely separate roles with different legal authorities. Your attorney manages your affairs while you're alive (if you lack capacity); your executor manages your estate after you die. You need both an LPA with attorneys and a will with an executor.

  • Lasting Power of Attorney: The legal document that creates attorney authority and must be registered before attorneys can act.
  • Donor: The person who creates the LPA and appoints the attorney to act on their behalf.
  • Replacement Attorney: The backup attorney appointed in case the primary attorney cannot or will not serve.
  • Attorney Powers: The specific legal authorities and restrictions governing what attorneys can and cannot do under an LPA.
  • Jointly and Severally: The decision-making arrangement determining how multiple attorneys work together.

Need Help with Your Will?

Understanding attorneys and LPAs is crucial for protecting your future if you lose capacity. While attorneys manage your affairs during life, your will and executor handle everything after death—you need both documents for complete protection.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.