How to fulfil your duties as an Attorney


A Lasting Power of Attorney enables a person (the 'Donor') to appoint someone that they trust (the 'Attorney') to manage their property and financial affairs  and/or make decisions regarding their personal welfare.  

Responsibilities generally include:

  • Acting in the best interests of the Donor, which includes acting honestly;
  • Consulting the Donor as to the management of their affairs, and helping them to make decisions, where appropriate;
  • Managing the Donor's finances and keeping them separate from your own;
  • Making sure the Donor's finances are invested appropriately;
  • Dealing with any property, which included securing, insuring and possibly selling the property;
  • Keeping receipts, records and bank statements;
  • Asking the Court of Protection for approval in certain circumstances, such as making major gifts; and 
  • Making decisions regarding the health and welfare of the Donor, such as the treatment that they receive, where they live, the food that they eat, and clothes that they wear (only when they are mentally unable to make such decisions themselves).  

If you do not act appropriately, the Office of the Public Guardian may revoke your appointment as the Attorney.  You may also face criminal charges if you do not act honestly. 

If you would like any further information regarding the preparation of a Lasting Power of Attorney, or would like any assistance with your role as an Attorney, please contact us on 01661 610 309 or 0774 385 7503, or email ep@mywillmychoice.co.uk.