LPA Attorney Duties & Responsibilities: What You Must Know

LPA Attorney Duties & Responsibilities

Being an LPA attorney is a significant responsibility. Whether you're considering appointing someone or have been asked to act, understanding these duties is crucial.

Core Legal Duties

Under the Mental Capacity Act 2005, attorneys have five key principles to follow:

1. Assume Capacity

Always assume the person (donor) can make their own decisions unless proven otherwise. The LPA only kicks in when they lack capacity for specific decisions.

2. Support Decision-Making

Before making decisions for them, try everything to help them decide themselves:

• Explain information in simple terms
• Use communication aids if needed
• Choose the best time and place
• Involve people who can help communicate

3. Respect Unwise Decisions

People have the right to make decisions others might consider unwise. An unwise decision doesn't mean someone lacks capacity.

4. Act in Best Interests

Every decision must be in the donor's best interests, considering:

• Their past and present wishes
• Their beliefs and values
• Factors they would consider
• Views of people close to them

5. Least Restrictive Option

Always choose the option that least restricts the person's rights and freedoms.

Property & Financial Attorney Duties

You MUST:

• Keep the donor's money separate from your own
• Keep accurate accounts and records
• Make financial decisions in their best interests
• Act within the authority given in the LPA
• Consult other attorneys if appointed jointly

You CAN:

• Access and manage bank accounts
• Pay bills and manage debts
• Buy, sell, or rent property
• Manage investments
• Claim benefits on their behalf
• Make gifts in limited circumstances

You CANNOT:

• Mix their money with yours
• Benefit yourself (beyond reasonable expenses)
• Make large gifts without court approval
• Change their Will
• Delegate your authority to others

Health & Welfare Attorney Duties

You MUST:

• Only act when the donor lacks capacity
• Make healthcare decisions they would make
• Respect their advance decisions
• Consult medical professionals
• Consider their quality of life

You CAN:

• Consent to or refuse medical treatment
• Decide where they live
• Arrange care services
• Make day-to-day care decisions
• Access medical records

You CANNOT:

• Make decisions about life-sustaining treatment (unless specifically authorised)
• Consent to certain treatments (some psychiatric treatments)
• Override a valid advance decision
• Act while the donor has capacity

Record-Keeping Requirements

Good attorneys keep records of:

Financial decisions:

• Bank statements and transactions
• Bills paid and income received
• Property-related documents
• Investment decisions
• Receipts for purchases

Health decisions:

• Medical appointments and outcomes
• Care arrangements made
• Consultations with professionals
• Decisions made and reasoning

What Happens If Duties Are Breached

The Office of the Public Guardian (OPG) investigates concerns about attorneys. Consequences can include:

• Warning letters
• Supervision orders
• Removal as attorney
• Criminal prosecution (for fraud or abuse)
• Civil claims for losses

Getting Support as an Attorney

Being an attorney can be challenging. Support is available from:

• Office of the Public Guardian helpline
• Citizens Advice
• Age UK
• Solicitors specialising in mental capacity
• myLPA support team

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