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.