Guidance for LPA attorneys
Practical articles on Lasting Power of Attorney record keeping, OPG compliance, and protecting yourself as an attorney under the Mental Capacity Act 2005.
What happens if there is no Lasting Power of Attorney?
Without an LPA, family members cannot automatically step in when someone loses capacity. Here is what happens instead, how long it takes, and what it costs.
Your first 30 days as an LPA attorney: what you need to do
The first weeks acting as an attorney feel overwhelming. This practical guide covers what to do, in roughly the right order, from reading the LPA to starting your records.
What is best interests decision-making under the Mental Capacity Act?
Section 4 of the Mental Capacity Act 2005 sets out a structured process for decisions made on behalf of someone who lacks capacity. Here is what it requires in practice.
How to deal with banks as an LPA attorney
Banks are often the first practical hurdle. Here is what to bring, what to expect, how to handle common problems, and how to manage accounts properly once you have access.
How long does it take to register a Lasting Power of Attorney?
Registration takes longer than most families expect. Here is a clear guide to the steps, current OPG processing times, and the most common reasons applications are delayed.
What records should an attorney keep under a Lasting Power of Attorney?
A complete guide to the records every LPA attorney should maintain, why the OPG expects them, and what good record keeping looks like in practice.
Can the OPG investigate an attorney in England and Wales?
Yes, and more often than most attorneys realise. Here is what triggers an OPG investigation, what they can demand, and how thorough records protect you.
How to manage finances for a parent under an LPA
A practical guide for attorneys managing money on behalf of a parent, including what you must record, how to keep accounts, and the common pitfalls to avoid.
Do attorneys need to keep receipts and bank statements?
Short answer: yes. Long answer: here is exactly what financial documentation the OPG expects, for how long, and how to make it manageable.
Common mistakes attorneys make under a Lasting Power of Attorney
From not keeping records at all to making financial decisions without proper reasoning, these are the errors that most often land attorneys in trouble with the OPG.
What happens if family members challenge an attorney's decisions?
Family disputes about LPA decisions are more common than you might think. Here is how they escalate, what the OPG and Court of Protection can do, and how records protect you.
How often should an attorney review decisions and spending?
There is no single statutory answer, but the OPG has clear expectations. Here is a practical framework for how frequently to review, record, and account for your decisions.
A simple record keeping checklist for LPA attorneys
A printable, practical checklist covering every type of record an attorney should keep, from decisions and capacity notes to financial accounts and documents.
What is the Office of the Public Guardian and what can it ask for?
A plain-English guide to the OPG, its powers, what it can demand from attorneys, and what happens if you do not cooperate.
How to protect yourself when acting under Power of Attorney
Acting as an attorney carries real legal risk. Here is how to document your decisions properly, what to do when you are unsure, and how to keep yourself protected.