Lasting Powers of Attorney: What are the responsibilities of an Attorney?

When appointed as an attorney, whether through a power of attorney document or a legal appointment, one assumes significant responsibilities. But what exactly are these responsibilities, and how do they impact both the attorney and the individual they represent? In this blog, we’ll delve into the essential duties of an attorney, ranging from acting in the best interests of the principal to managing finances and making crucial decisions on their behalf.

What is an attorney?

When a person makes a Lasting Power of Attorney, this means they are forming a legal document which enables another individual(s) (an attorney) to act on their behalf to make certain decisions on aspects such as their property, money or health & welfare.

Who can be an Attorney?

Anyone can be nominated as an Attorney as long as they are over the age of 18 and are mentally capable. You may want to choose a close relative or friend to be your Attorney or even your solicitor as long as you trust them to make the right decisions if you are unable to yourself.

Attorneys are nominated in a “Lasting Power of Attorney”.

Types of Power of Attorney

• General Power of Attorney
• Lasting Power of Attorney for Health & Welfare
• Lasting Power of Attorney for Property & Financial Affairs
• Business Power of Attorney

Each Power of Attorney document outlines what decisions an Attorney will be making, therefore it’s important to consider who will be most suitable for your Attorney.

What responsibilities does an Attorney have?

The responsibilities of an Attorney differ depending on the type of Lasting Power of Attorney, here is a brief summary of the responsibilities for each Lasting Power of Attorney:

• General Power of Attorney – This LPA allows you to appoint someone else to act on your behalf usually in relation to a specific event or for a specific period, for example, to deal with one particular bank account whilst you are on holiday.
• Lasting Power of Attorney for Property & Financial Affairs – This LPA allows your Attorney to make decisions about your finances. This includes paying bills, collecting any income or benefits, and selling or buying property. 
• Lasting Power of Attorney for Health & Welfare – This LPA allows your Attorney to make decisions regarding your welfare – such as where you should live and the type of care you should receive. It also deals with consent to medical treatment. Your Attorney will only be able to act in the event you lack the mental capacity to decide for yourself e.g. brain injury, Dementia or Alzheimer’s. 
• Business Power of Attorney – This LPA allows your Attorney to make decisions in relation to your business.Having a Business LPA in place means that you can ensure that in the event of your mental incapacity, someone can deal with managing your business to either ensure it continues in your absence or deal with closing the business on your behalf

Do I have to be an Attorney?

In the event you are unable to be an Attorney or don’t want the responsibilities of being an Attorney then what happens all depends on whether the LPA included a replacement attorney.

If a replacement Attorney is included then it allows them to apply to the Courts to step in and take over the role. We would always recommend appointing a second Attorney where available as this provides you with extra reassurance and safety.

Common questions asked by an Attorney

• How long does a Power of Attorney last and does it continue after death? – All Lasting Power of Attorney cease on your death. Following your death, your estate will then be administered according to your Will or under the rules of intestacy if you do not have a Will.
• Can someone challenge a Lasting Power of Attorney? – Sadly, like most things a Lasting Power of Attorney can be challenged. It is common for family members to disagree over the decisions made by the attorney as they believe they are not acting in the best interest of the Donor.
• Can I create my own Lasting Power of Attorney? – Whilst you can make a LPA yourself, it is a legally binding document and therefore great care needs to be taken before entering into this. It is not a document that can be amended in the future if you change your mind, and instead a whole new document has to be created and the old one revoked. For this reason, it is vitally important that you get it right first time and taking expert advice can help with this.
• When can a Lasting Power of Attorney be used? – This all depends onthe type of LPA and how you have chosen to draft it.
• I’ve changed my mind, what do I do? – If you have changed your mind and no longer want your LPA in place then it can be revoked as long as you have the mental capacity to do this.
• If I don’t have an LPA, what will happen? – In the event, you lose mental capacity and did not have an LPA in place someone is able to apply to the Court of Protection to be appointed as your Deputy. If granted your Deputy would be able to access your affairs in a similar way to an Attorney. However, it’s important to understand that this can be a much lengthier and costlier process and there is no guarantee that the Deputy appointed is who you would have chosen yourself.

How can Taylor Bracewell’s Wills, Probate and Trusts team assist you?

If you have any further questions or would like to speak to the team regarding Lasting Powers of Attorney, then don’t hesitate to contact them by calling our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.