Enduring power of attorney: acting as an attorney

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Your duties

You’re responsible for helping the donor to make decisions for things like their:

  • money and bills
  • bank and building society accounts
  • property and investments
  • pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

  • restrictions on what you can do
  • guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

Keep the donor’s finances separate from your own, unless you’ve got a joint bank account or own a home together. If you do, tell the bank or mortgage company you’re acting as the other person’s attorney.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

  • to people who normally receive gifts from the person
  • on suitable occasions, eg birthdays, weddings
  • to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

  • the sale is below the market value
  • you or your family want to buy the property
  • you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

If you’re selling the donor’s home and the donor has a health and welfare lasting power of attorney (LPA), you may need to discuss where the donor is going to live with the relevant attorney.

Office of the Public Guardian
[email protected]
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm
Find out about call charges

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

View a printable version of the whole guide

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