What is an attorney?

An attorney is someone you trust to make decisions on your behalf. This is often a close family member, friend or professional advisor, who is willing to take on this responsibility. You can name up to four attorneys in an LPA. They will make decisions on your behalf in your best interests and must follow any guidance or instructions which you have set out in the documents.

Sometimes, an attorney may not be able to continue making decisions for you. You can name up to four people who can step in and be a replacement attorney if this situation arises.

Attorney duties and responsibilities

Your named attorneys will have certain duties which they must carry out when they make decisions for you. As well as acting in your best interests, your attorneys must consider your wishes and feelings when making decisions for you. They must also make every effort to involve you in the decision making, and consider if you have capacity to make some decisions, before they make it for you. They are not to assume that you cannot make all decisions for yourself. Sometimes, with certain illnesses, it may be best to wait until you are feeling better so that you can make the decision yourself, or until you have the extra support you need to do so.

Attorneys must also be careful not to make any decision which would benefit themselves. When making decisions, it is important that attorneys keep a record of the decisions they make, and keep records of any property and money which they have handled on your behalf. This all counts towards evidence that they have acted in your best interests if anything is questioned in the future.

For information on the type of decision attorneys can make for you under an LPA, read: What is an LPA. For help on choosing your attorneys and any replacement attorneys, see: Choosing attorneys and replacement attorneys

When attorneys can make decisions for you depends on the type of LPA you are making, how many attorneys you have named and how you wish them to act. Our resource When can my attorneys act for me? gives more information on these aspects.