Factsheet: Managing someone’s affairs
Summary
April 2025 (FS26)
This factsheet explains how someone can choose you to make decisions on their behalf. This could be about their health and welfare, their finances, or both.
The person must have mental capacity when they appoint you. If they do not have mental capacity, you can apply to the court to make decisions for them.
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What is a power of attorney?
A power of attorney is a legal document. It allows you to act on another person’s behalf. It gives you authority to deal with third parties, like banks or the Council.
To appoint an ‘attorney’, the person must have mental capacity.
When does someone lack mental capacity?
If someone cannot make a decision, they do not have the mental capacity to select an attorney under a lasting power of attorney. This could affect the options you have for dealing with their affairs.
Lack of mental capacity can be temporary or permanent. It may be due to:
- dementia
- brain injury
- stroke
- alcohol or drug misuse
- side effects of medical treatment
- other illness or disability
Always assume that someone can make their own decisions, unless proven otherwise.
Does the person have capacity to make a decision?
They need to:
- understand the information needed to make a decision. Offer this in a way that works for them, using simple language, sign language or other formats
- remember that information
- use or weigh up the information to help make the decision
communicate their decision with others (in whatever way they can)
Someone may:
- lack mental capacity to make all decisions, or
- they can make some decisions, but not others.
You can find more information on Checking mental capacity | GOV.UK
Who can be ‘an attorney’?
- You can be an attorney if you’re 18 or over and you can make your own decisions.
- You cannot be a property and financial affairs attorney if you have a Debt Relief Order or have been declared bankrupt.
- You must register the lasting power of attorney (LPA) before you can start making decisions.
- Unless you’re a professional attorney, you won’t normally be paid for being someone’s attorney.
Different types of power of attorney
There are three different types of power of attorney:
- Lasting power of attorney (LPA)
- Enduring power of attorney (LPA)
- Ordinary power of attorney
Lasting power of attorney (LPA)
The most common arrangement is a lasting power of attorney (LPA). There are two types:
- property and financial affairs
- health and welfare
A lasting power of attorney can:
- help someone make decisions about their money and health, or
- make decisions on their behalf
Enduring power of attorney (EPA)
An enduring power of attorney (EPA) covers finance and property affairs. EPAs are no longer issued. Only EPAs made and signed before 1 October 2007 are still valid.
If the person loses capacity, you must register the EPA with the Office of the Public Guardian (OPG).
Read the guidance on registering an EPA: Register an enduring power of attorney | GOV.UK
An EPA cannot be used to manage someone’s personal welfare or health. You would need a health and welfare LPA.
Ordinary power of attorney
An ordinary power of attorney (general power of attorney in Scotland) covers property and finances. It ends if the person loses mental capacity. Ordinary power of attorney does not need to be registered with the authorities.
The duties of an attorney under a lasting power of attorney (LPA)
Property and financial affairs
If you have an LPA for property and financial affairs, you will manage things like:
- money and bills
- bank and building society accounts
- property and investments
- pensions and benefits
You must:
- follow the person’s instructions. If they have lost capacity, check the LPA form to see if there are restrictions or requests
- manage their finances in their best interest
- keep their finances separate from yours, unless you’ve got a joint bank account or own a home together. Tell the bank or mortgage company you’re acting as their attorney
- keep accounts of their assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.
You may be prosecuted if you misuse their money.
Health and welfare
As a health and welfare attorney, you can make decisions about the person’s:
- daily routine (washing, dressing, eating)
- medical care
- living arrangements (whether they live at home or move into a care home)
Check the lasting power of attorney (LPA) form to see if they have listed:
- restrictions on what you can do
- guidance on how they want decisions to be made
You cannot decide on treatment to keep someone alive, unless they gave you permission in their LPA.
Advance decisions
The person you’re representing may have made an advance decision. This is sometimes called a ‘living will’. It’s a legal statement which explains medical treatments that they do not want. It’s not part of their LPA, but you’ll need to consider it as well.
You may need to apply to the Court of Protection to make a decision if:
- the advance decision and the LPA give different instructions
- there is any doubt or disagreement about whether a treatment should be given
Gifts
The Mental Capacity Act states that you must only make gifts:
- to people who normally receive gifts from the person
- on suitable occasions like birthdays and weddings
- to charities that normally receive donations from the person
Gifts must be reasonable. The Office of the Public Guardian has guidance on this.
Any gifts must not affect the person’s ability to pay for their care.
Asking someone to be an attorney under an LPA
If someone asks you to be their ‘attorney’, you will need to decide whether you agree and sign their LPA form.
They may choose more than one person to act on their behalf. The LPA will say how you must make decisions if there are other attorneys.
You cannot use an LPA until it’s registered with the Office of the Public Guardian (OPG).
The LPA can be registered by:
- the person who has asked you, if they can make their own decisions
- you, as the ‘attorney’
You’ll be told if someone registers an LPA without telling you. You can object to the registration.
You can create your LPA online at Make, register or end a lasting power of attorney | GOV.UK or fill in an LPA002 form which the OPG can send you.
A solicitor or local advice agency can help you set up and register the LPA. Solicitors will charge for their service. Find a solicitor through: Lifetime Lawyers
People to inform about a lasting power of attorney
The person you represent can include a list of people to notify about the LPA.
Before you register, you need to send a ‘notice of intention to register’ (LPA001) to all these people. They may object to the LPA if they have concerns.
If someone is named on both a property and financial affairs LPA and a health and welfare LPA, send them a notice for each LPA. They’ll have 3 weeks to raise any concerns to the OPG.
How much it costs
The costs of registering an LPA are on the government website: Register a lasting power of attorney | GOV.UK
You can apply for a reduction or exemption if you are on a low income or receive certain benefits.
You will need to pay twice to register a property and financial affairs LPA and a health and welfare LPA.
After you’ve registered
If there are no mistakes or objections, the OPG will return the LPA document with a ‘registered’ stamp on every page. You must give all organisations proof that you are the attorney using either:
- the original document
- a copy certified by a solicitor or the person you are acting for
All LPAs need to be registered before you can use them.
Property and financial affairs
If the person agrees, you can start making decisions about their property and money. If they don’t give you permission, you can only make a decision when they lack the capacity to.
Health and welfare
You can only make a decision about their health and welfare if they don’t have the capacity to.
Assessing someone’s mental capacity
Even if someone can’t make a decision at a certain time, they may be able to:
- make it at another time
- make decisions about other things
You must help them to make decisions if they still have mental capacity. Get advice from their doctor and others involved in their care.
Mental Capacity Act Code of Practice - GOV.UK has guidance.
Contact Adult Social Care for more information.
Stopping being an attorney
The LPA will end if the person cancels it or dies.
You can stop being an attorney by choice.
If there’s a complaint about you, it will be investigated. You could be removed as an attorney.
Who can make decisions when someone loses mental capacity and there's no power of attorney?
Once the person has lost their mental capacity, you cannot get a power of attorney. Your options are to become a:
- Department for Work and Pensions appointee
- Court of Protection deputy
Department for Work and Pensions (DWP) appointeeship
You can apply to deal with someone’s benefits if they are:
- mentally incapable
- severely disabled
An ‘appointee’ can be:
- a friend or relative
- an organisation or representative, like a solicitor or local council
The person can only have one appointee.
Appointee’s responsibilities
You must:
- sign any benefit claim forms
- tell the benefit office about any changes which affect how much the person gets
- spend the benefit (which is paid directly to you) in their best interest. This includes paying care fees and managing their personal allowance
- tell the benefit office if you stop being the appointee
If the benefit is overpaid, you could be held responsible.
For more information, visit: Become an appointee for someone claiming benefits | GOV.UK
Court of Protection deputyship
You can apply for deputyship from the Court of Protection if:
- someone lacks mental capacity
- they do not already have a power of attorney.
There are two types:
- A property and affairs deputy makes decisions about someone’s property and finances.
- A health and welfare deputy makes decisions about medical treatment, care and welfare
You can apply for one type or both. If appointed, you will get a court order that says what you can do.
A deputy is usually a relative or friend. The Court of Protection can also appoint a professional from a panel or a public authority. There can be more than one deputy.
The Office of the Public Guardian (OPG) will supervise and support you. For more information, visit: Deputies: make decisions for someone who lacks capacity | GOV.UK
If you cannot take on the role of appointee or deputy
The Council can apply to be an appointee or deputy if the person:
- lives in East Sussex
- lacks capacity to manage their own finances, property or affairs
- receives care and support from East Sussex County Council
- has no appropriate family or friends to do this
- does not have an existing DWP appointee, LPA or court-appointed deputy
- has less than £30,000 (this includes equity in property they do not live in)
If the Council cannot become appointee or deputy, seek advice from a solicitor, accountant or independent financial adviser.
Useful resources
Office of the Public Guardian
Phone: 0300 456 0300 (Monday to Friday 9am to 5pm, except Wednesday, 10am to 5pm)
Email: customerservices@publicguardian.gsi.gov.uk
Office of the Public Guardian
PO Box 16185
Birmingham B2 2WH
Court of Protection
Phone: 0300 456 4600
Email: courtofprotectionenquiries@hmcts.gsi.gov.uk
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London WC1A 9JA
More information
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Email: Health and Social Care Connect
Phone: 0345 60 80 191
Minicom: 18001 0345 60 80 191
