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What Are The Responsibilities Of The Attorney?

The attorney’s powers will depend upon the type of Lasting Power of Attorney (LPA) that has been set up and whether any restrictions on their power have been included in the document.

  • The attorney has numerous duties. In particular, an attorney must:
  • make decisions that are in the donor’s best interests;
  • only make decisions that they are enabled to by the terms of the LPA;
  • not delegate powers they have been given to others , unless authorised to do so; and
  • maintain the donor’s confidentiality.

There are some things that the attorney cannot do. For example, an attorney cannot:

  • sign a will on behalf of the donor;
  • act in circumstances in which their power is expressly limited or forbidden by the donor;
  • make gifts on the donor’s behalf except in limited circumstances;
  • make decisions that are not in the donor’s best interests;
  • make decisions using a health and welfare LPA unless the donor has lost mental capacity; or
  • consent to the donor’s marriage or divorce.

Other questions we get asked about Lasting Powers of Attorney

Lasting Powers of Attorney

Can I Have More Than One Attorney?

Yes, you can choose more than one attorney. You can decide whether your attorneys must make their decisions together or …

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Lasting Powers of Attorney

What is an Enduring Power of Attorney (EPA)?

Enduring Powers of Attorney (EPAs), like a Property and Financial Affairs LPA, enables someone to make decisions for you in …

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Lasting Powers of Attorney

Can I Object To The Registration Of An LPA?

Yes, you can object to Enduring Powers of Attorney or a Lasting Powers of Attorney being set up for a …

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Lasting Powers of Attorney

Can An Attorney Make Gifts?

Attorneys can make gifts of your money and property but their power is limited. The Court can authorise attorneys to …

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Lasting Powers of Attorney

If The Donor Requested That The Power Of Attorney Is Only To Be Registered Upon Loss Of Capacity, Does Medical Evidence Need To Be Supplied To The Office Of The Public Guardian On The Loss Of Capacity?

No, the Office of the Public Guardian will not need evidence. But as happens with all lasting power of attorney …

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Lasting Powers of Attorney

If I Only Appoint One Attorney Can He Or She Sell My House?

It depends upon the circumstances. If someone chooses to appoint their partner as their only attorney, and they owned the …

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Lasting Powers of Attorney

Can I Stop Being An Attorney?

You can choose to stop acting as an attorney at any time. If the lasting power of attorney is registered …

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Lasting Powers of Attorney

What Happens If I Don’t Make An LPA?

If you don’t make an LPA, and later become unable to make certain decisions for yourself, there may be a …

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Rachel SteadRachel Stead
13:19 26 Nov 23
Can’t recommend Catteralls enough. Eleanor, Claire and her team have just helped us with a recent house sale. They were quick and efficient with responses. Even with me ringing and emailing plenty (very annoying) but nothing was too much for them. They did all things on our side promptly and kept us in the loop at all times. Will be recommending them and using again in future if needed.Thanks so much.Rachel and Harry.
Russ TebayRuss Tebay
17:20 04 Nov 23
Good service at a reasonable price
Andrew ElsbyAndrew Elsby
07:30 16 Oct 23
Personal touch. Well organised and knowledgeable.
Allison RobinsonAllison Robinson
13:53 02 Oct 23
We used Catterall's for the sale of a property and had excellent service throughout. Everything was done promptly, efficiently and accurately. We had experienced lots of errors with a previous firm and saw a marked contrast in the quality of service and professionalism from Catteralls. Danielle and Sue were knowledgable and helpful and were able to answer questions about the errors from the purchase of the property with a different firm so that we could move forwards quickly with the sale. Prices were reasonable and competitive but I would choose the firm again regardless of price because of the experience. It is the second time we have used the firm (previously for a different purchase) and I can highly recommend them.
gedlainggedlaing
08:59 17 Sep 23
My wife and I engaged Catteralls Solicitors conveyancing services to both sell our old house and to buy our new house. We can thoroughly recommend their services in this regard. In particular we would like to give excellent feedback to Ms Eleanor Parkin, our Conveyancing Executive at Catteralls, who dealt with us throughout the buying and selling process. Some aspects of that process became problematic but Eleanor went above and beyond that which was expected of her and ensured that any problems were resolved effectively and efficiently to ensure a smooth completion. Our engagement with her was always friendly and professional and we would be happy to recommend her professional services to others. Thank you, Eleanor!
Caroline WilsonCaroline Wilson
13:13 25 Jul 23
Thank you Catteralls for helping us with our recent house sale!! I will certainly recommend you to family and friends.Catteralls would be the first solicitor I came to if I needed any help in the future! Thanks again for everything. Fantastic communication, making a hard time in our lives that much easier. I can not fault a thing.☺️
ChoozersChoozers
22:51 17 Jun 23
I've used these for the sale of a rental property and my will and am also currently using them for a purchase of a residential property. Used them because my usual solicitors let me down. I can't comment on price because I didn't really shop around. A family member recommended them, and they've been good for me so far. Here, I've never felt like I haven't been able to speak to someone when I've needed to and they've always been on hand to explain anything I didn't understand. So far so good.
Kevin SlatteryKevin Slattery
09:53 08 Jun 23
Jenny and her team, saved the day after our sale and purchase almost fell through due to the poor performance of our previous solicitor. She was responsive, highly efficient and keep us informed throughout the whole process. We would only use Catteralls for any future conveyancing requirements. Many thanks Jenny, Sarah and the rest of the team!
RachelRachel
14:24 09 Mar 23
Jess looked after my case. It was most helpful in that I was able to do everything via email, so all I had to do on the day was sign some paperwork, therefore only needing to make the one visit, which was perfect for me.Jess was efficient & organised and made the process a smooth one.Thanks Jess I appreciate all you did for me. 🙂
Aneka RandallAneka Randall
17:04 09 Dec 22
Paul and his team have worked on our sale and purchase. The team have all worked extremely hard, going above an beyond. Everyone in the chain has commented how efficient they have been. I will certainly recommend to family and friends and would be the first solicitor I came to if I needed any help in the future! Thanks again.
Jade NuttJade Nutt
20:07 02 Nov 22
Jenny and her team were brilliant with our house sale and purchase. They answered all our queries, made sure we understood everything and kept things moving along. We are very great full for your hard work! Thank you!
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