What are the restrictions on attorneys under an LPA?

An LPA, or Lasting Power of Attorney, is a legal document that allows an individual to appoint someone else to make decisions on their behalf if they lose mental capacity.

Anyone over the age of 18, not bankrupt (if managing property and financial affairs), and of sound mind can be an attorney. It is usually a trusted family member, friend, or professional.

Yes, if the LPA is for health and welfare, attorneys can make decisions about medical treatment and care arrangements.

Yes, if the LPA is for property and financial affairs, an attorney can sell the donor's property, but they must act in the donor's best interest.

Yes, attorneys can only give gifts on customary occasions such as birthdays or wedding anniversaries, or to charity, to a reasonable extent given the size of the estate.

No, attorneys cannot make or change a donor's will.

Attorneys must always act in the best interest of the donor and follow the principles of the Mental Capacity Act 2005.

No, attorneys cannot delegate their decision-making powers unless the LPA document allows it.

If multiple attorneys are appointed, they may be required to act jointly (together) or jointly and severally (individually, but in agreement).

Yes, an attorney can cease their role by giving up, if they notify the donor, the Office of the Public Guardian, and any other involved parties.

Improper behavior by an attorney should be reported to the Office of the Public Guardian, which can investigate and take action, including court involvement.

Attorneys can access the donor’s financial accounts if the LPA for property and financial affairs allows it.

Yes, attorneys should consider the donor's past and present wishes, feelings, beliefs, and values, especially if it can be ascertained what they would have decided for themselves.

No, attorneys cannot make decisions about marriage or civil partnerships, voting, or significant life changes like adoption.

Yes, attorneys may be held legally accountable for their decisions, especially if they act outside their powers or not in the donor's best interests.

While not always legally required, it is good practice for attorneys to keep clear records of the decisions taken and why.

Yes, as long as it is within the scope of their authority and in the donor's best interest, under a property and financial affairs LPA.

If the donor regains capacity, the attorneys should cease to make decisions on their behalf, unless specified otherwise in the LPA.

Attorneys cannot make decisions about organ donation unless the LPA explicitly provides such authority.

Attorneys who are professionals (like solicitors) may charge for their services as agreed upon, while lay attorneys (family or friends) do not typically charge, although out-of-pocket expenses may be reimbursed.