Attorney records and duties

Keep a record of:

  • important decisions you make and when you make them, for example selling the donor鈥檚 home or agreeing to medical treatment
  • the donor鈥檚 assets, income and how you spend their money - if you鈥檙e their finance and property affairs attorney

Include details of who you asked for advice and any disagreements.

Do not include small, everyday decisions.

Expenses

You can only claim expenses for things you must do to carry out your role as an attorney, for example:

  • hiring a professional to do things like fill in the donor鈥檚 tax return
  • travel costs
  • stationery
  • postage
  • phone calls

You can be ordered to repay the donor鈥檚 money if you misuse it or make decisions to benefit yourself.

Keep your receipts and invoice the donor for your expenses. The money is paid by whoever鈥檚 in charge of the donor鈥檚 funds.

Checks and visits

The Office of the Public Guardian (OPG) and Court of Protection can check your decisions. They may:

  • arrange a visit with you and the donor together, or the donor alone

  • contact other people such as the donor鈥檚 family, bank or care workers

They can investigate and stop you acting as an attorney if, for example:

  • you鈥檝e done something the lasting power of attorney (LPA) says you cannot聽聽

  • you鈥檝e not done something the LPA has instructed you to do

  • you鈥檝e not been acting in the donor鈥檚 best interests

  • you misuse the donor鈥檚 money or make decisions to benefit yourself

  • you do something that goes against their human or civil rights

  • the donor is not being treated well聽聽

  • the donor made the LPA under pressure or they were tricked into it