The different Roles within Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) is a legal arrangement that allows a person to appoint others to make decisions on their behalf if they lose mental capacity in the future. Within this framework, there are several distinct roles, each with specific responsibilities and legal significance.

Donor:

The first and most important role is the “donor.” This is the person who creates the LPA. The donor must have mental capacity at the time the document is made and is responsible for deciding who they trust to act on their behalf. They also determine the scope of authority given, including whether decisions relate to property and finances, health and welfare, or both. The donor can include preferences and instructions to guide decision-making, ensuring their wishes are respected even if they can no longer communicate them.

Attorney:

Next is the “attorney.” This is the individual, or sometimes multiple individuals, chosen by the donor to make decisions on their behalf. Attorneys can be family members, friends, or professionals. Their role carries significant responsibility, as they must always act in the donor’s best interests. For a Property and Financial Affairs LPA, this might involve managing bank accounts, paying bills, handling investments, or even selling property. For a Health and Welfare LPA, attorneys may make decisions about medical treatment, care arrangements, and daily routines. Attorneys must follow legal principles, keep accurate records, and avoid conflicts of interest.

Where more than one attorney is appointed, the donor can specify how they should act. They may be required to act “jointly,” meaning all decisions must be made together, or “jointly and severally,” allowing them to act either together or independently. This flexibility helps tailor the arrangement to suit the donor’s circumstances and level of trust in each attorney.

Certificate Provider:

Another key role is the “certificate provider.” This is an independent person who confirms that the donor understands what they are doing and is not being pressured into creating the LPA. The certificate provider can be someone who has known the donor personally for a sufficient period or a professional such as a doctor or solicitor. Their role is a safeguard against fraud or undue influence.

There may also be “people to notify,” if the donor chooses to include them. These individuals are informed when the LPA is being registered, giving them an opportunity to raise concerns if they believe something is wrong. This adds an extra layer of protection.

Finally, there is the overseeing authority, the Office of the Public Guardian. This body registers LPAs and supervises attorneys’ actions where necessary. It ensures that the system operates fairly and that donors are protected from misuse of power.

Each of these roles works together to create a balanced and secure system, ensuring that decisions can be made effectively while safeguarding the donor’s interests.

April 2026

Dr. Anthony Lai and Mr. Shahab Muhammad Javed