Your first 30 days as an LPA attorney: what you need to do

Before you do anything else, read the LPA document carefully from start to finish. This sounds obvious, but many attorneys begin acting without having properly read the document they are acting under.

Pay particular attention to:

• The type of LPA: property and financial affairs, or health and welfare. They have different rules about when and how they can be used
• Any conditions or restrictions written into the document. These are legally binding and you cannot act contrary to them
• Whether there are multiple attorneys, and if so, whether you must act jointly (all attorneys must agree on every decision) or jointly and severally (each attorney can act independently)
• Any preferences or guidance the donor has recorded about how they want decisions made
• The date of registration with the OPG: the LPA can only be used after it has been registered

If there is anything in the document you do not understand, contact the OPG helpline or speak to a solicitor before acting. Acting outside the scope of the LPA is a serious matter and can expose you to personal liability.

As you begin acting, you will need access to documents that may be spread across filing cabinets, email accounts, online portals, and old paperwork. Start gathering these early. You are looking for:

• The original registered LPA document, plus any certified copies
• Bank statements and account details
• Pension information and any annuity documents
• Investment or ISA statements
• Insurance policies, including life insurance, home insurance, and any long-term care insurance
• Details of any property owned, including mortgage information if relevant
• Outstanding bills, direct debits, and standing orders
• The donor’s will, if you need to be aware of their broader wishes

One of your most practical early tasks is registering the LPA with the donor’s bank, and with any other financial institutions that need to know. This is often the step attorneys find most frustrating, because different banks handle it differently.

When you contact the bank, you will typically need to:

• Bring the original registered LPA, or a certified copy. Some banks will ask to retain a copy
• Present identification for yourself as the attorney
• Ask the bank to note the LPA on the account and set up your access accordingly
• Enquire about online banking access for the attorney, which varies considerably between banks

You can read more about dealing with banks specifically, including what to do if a bank pushes back, in our guide to managing bank accounts as an LPA attorney.

This is the step most attorneys delay, and it is the one they most often regret. The moment you begin acting under an LPA, you should be keeping a record of every significant decision you make.

A good decision record covers:

• What the decision was and when it was made
• Why you made that decision, including what alternatives you considered
• Whether the donor had capacity to participate in the decision, and if so, how they were involved
• Who else you consulted, such as doctors, care managers, or other family members
• Any relevant financial transactions connected to the decision

Records written at the time of a decision carry far more weight than anything reconstructed later. You can find the full breakdown of what to record in our guide to LPA record keeping.

Once you have access to the donor’s accounts, take stock of their overall financial position. This gives you a baseline that will matter later, both for your own records and in case the OPG ever asks for a full financial account.

• List all accounts and their approximate balances
• Identify all sources of income: pensions, benefits, rental income, investment income
• Note all regular outgoings: care fees, utilities, mortgage or rent, insurance premiums
• Identify any debts or unusual liabilities
• Note the value of any property, even roughly, as this may be relevant to future decisions

This initial picture does not need to be an accountant-level document. A clear, honest summary is all you need at this stage. Keep a copy dated from when you compiled it.

Some decisions fall within your authority as attorney, and some do not. Common misunderstandings include:

• Gifts: you can only make gifts that are customary and of reasonable value, such as birthday or Christmas presents. Significant gifts, including to yourself, generally require Court of Protection approval
• Making or changing a will: you cannot do this on the donor’s behalf as attorney. Only the Court of Protection can make a statutory will for someone who lacks capacity
• Health and welfare decisions: if your LPA is property and financial affairs only, you have no authority over care or medical decisions
• Conflicts of interest: any decision where your interests and the donor’s interests might conflict should be approached very carefully, and professional advice sought

You do not need to know everything. What matters is knowing where to go when you do not know. The most useful resources are:

• The OPG helpline (0300 456 0300): can answer questions about your role and refer you to guidance
• The OPG website: publishes detailed guides for both property and financial affairs attorneys and health and welfare attorneys
• A solicitor specialising in Court of Protection matters: essential for any complex, high-value, or contested decision
• The donor’s GP or specialist: important for any health or welfare decisions, and useful evidence of the donor’s current capacity