Being Asked to Be an LPA Attorney: What to Consider

Been Asked to Be an LPA Attorney?

Being asked to be someone's LPA attorney is a sign of deep trust. But before you say yes, you need to understand what's involved.

What You're Being Asked to Do

As an LPA attorney, you may need to:

For Property & Financial Affairs LPA:

• Manage their bank accounts
• Pay their bills
• Handle their investments
• Sell their property
• Claim their benefits
• Make financial decisions on their behalf

For Health & Welfare LPA:

• Make decisions about medical treatment
• Choose where they live
• Arrange their care
• Decide on day-to-day care matters
• Potentially make end-of-life decisions

Questions to Ask Yourself

1. Am I Willing?

• Do I want this responsibility?
• Can I commit long-term?
• Am I comfortable making difficult decisions?

2. Am I Able?

• Do I have the time?
• Do I live close enough to help practically?
• Am I in good health?
• Am I financially stable (can't be bankrupt for financial LPA)?

3. Am I Suitable?

• Do I understand their wishes?
• Can I be objective?
• Do I get along with their family?
• Can I handle potential family disagreements?

4. Do I Understand the Commitment?

• This could last years or decades
• It may be emotionally challenging
• It requires careful record-keeping
• There are legal obligations

Questions to Ask the Person

Before accepting, ask them:

Why have you chosen me?

What are your wishes for finances/healthcare?

Are there other attorneys? How should we work together?

What would you want in difficult scenarios?

Who are your key contacts (solicitor, accountant, doctor)?

Where will important documents be kept?

Are there any family members who might disagree?

The Legal Obligations

If you accept, you must:

Always:

• Act in their best interests
• Follow the Mental Capacity Act principles
• Keep their money separate from yours
• Keep accurate records
• Only act within the LPA's authority

Never:

• Benefit yourself (except reasonable expenses)
• Make decisions you're not authorised for
• Delegate your authority
• Ignore their wishes

Time Commitment

Stage

Time Required

Before needed	Minimal - just stay in touch
When needed (simple)	2-5 hours/week
When needed (complex)	5-20+ hours/week
Major decisions	Variable, can be intensive

Can You Say No?

Yes, absolutely. It's better to decline than accept and not fulfil the role properly.

You can:

• Decline now (before the LPA is made)
• Decline later (even after the LPA is registered but before acting)
• Stop acting (with proper notice, called "disclaiming")

If You're Unsure

It's okay to:

• Ask for time to think
• Discuss with your own family
• Ask for more information
• Suggest they also appoint others
• Recommend they appoint a professional as backup

Accepting the Role

If you decide to accept:

Have a detailed conversation about their wishes

Get copies of important documents (or know where they're kept)

Meet other attorneys if there are multiple

Understand their finances/health situation

Know their key contacts

Keep the LPA document safe (you'll get a copy)

Support Available

As an attorney, you can get help from:

• Office of the Public Guardian (OPG)
• Citizens Advice
• Age UK
• The person's solicitor or accountant
• Mental capacity specialists

Being an attorney can be challenging but also rewarding. You're helping protect someone who trusted you enough to ask.

Learn More About LPAs →