What decisions can an attorney make under a Property and Financial Affairs Lasting Power Attorney?

A Property and Financial Affairs Lasting Power of Attorney (LPA) is a legal document that allows an individual (the donor) to appoint one or more attorneys to make decisions about their property and finances if they become unable to do so themselves.

Anyone over the age of 18 can be appointed as an attorney, usually trusted relatives, friends, or a professional like a solicitor. The attorney should be someone capable of managing finances responsibly and in the best interests of the donor.

Yes, an attorney can make decisions about the donor's bank accounts, including managing funds, paying bills, and transferring money.

Yes, an attorney can buy or sell the donor's property if this is in the donor's best interests and within the powers granted by the LPA.

An attorney can manage and make decisions regarding the donor's investments, such as buying or selling stocks and managing investment accounts.

Yes, attorneys are responsible for handling the donor's tax obligations, including filing tax returns and paying taxes.

Attorneys can give gifts, but only in limited circumstances and according to the donor's past habits, such as birthday presents to family. Larger gifts usually require permission from the Court of Protection.

Attorneys can manage the donor's businesses, but the scope of this authority needs to be explicitly stated in the LPA or through proper business arrangements.

An attorney typically can access the donor's safe deposit box to manage its contents, provided they have the relevant permissions within the LPA and can comply with the safekeeping facility's regulations.

No, attorneys do not have the authority to make or amend the donor's Will.

Yes, attorneys can decide how to pay for the donor's care and support, including care home fees and medical expenses, from the donor’s funds.

Multiple attorneys can be appointed. They can make decisions 'jointly' (together) or 'jointly and severally' (together or independently), depending on how the LPA is set up.

If attorneys disagree and cannot resolve the issue among themselves, they may need to seek assistance, potentially from a mediator or, in some cases, the Court of Protection.

Attorneys should maintain records of decisions to demonstrate that they are acting in the donor's best interests. This includes keeping receipts, invoices, and comprehensive notes of the decisions made.

Attorneys must act in the best interests of the donor, make decisions within the scope of their authority, avoid conflicts of interest, maintain accurate records, and ensure their actions are in line with the donor's known wishes and preferences.

Attorneys cannot delegate decision-making authority granted by an LPA, although they can seek professional advice to assist with complex financial decisions.

If an attorney cannot continue, a replacement attorney (if one was appointed) would assume their role, or the donor might need to set up a new LPA if they still have capacity.

Attorneys can claim out-of-pocket expenses incurred in performing their duties. Professional attorneys, like solicitors, may charge for their services according to an agreed fee structure.

Attorneys cannot make personal or healthcare decisions for the donor, amend the donor’s Will, or act outside the authority granted by the LPA. Significant gifts or conflict-resolution might require Court of Protection involvement.

A donor can revoke an LPA while they have mental capacity by making a deed of revocation. The Court of Protection can also cancel it under certain circumstances.