Q&As
Can an attorney appointed under a Lasting Power of Attorney (LPA) exercise the functions of the donor as trustee (if, for example, the donor has trouble signing documents)?
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Published on: 17 July 2017
For the purposes of this Q&A we have assumed that the lasting power of attorney (LPA) was registered with the office of the public guardian and that there are no uncertainties in relation to the question of the donor’s mental capacity.
Subject to any restrictions included by the donor in the LPA, an attorney under a Financial LPA will be able to do almost anything which the donor could have done for themselves in relation to the donor’s financial affairs (the power does not extend to decisions over health and welfare). This may include withdrawing money from accounts, paying household bills, signing cheques, collecting income and benefits, buying and selling shares
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Lasting power of attorney definition
What does Lasting power of attorney mean?
When a person is unable to make their own decisions regarding their welfare, money or property, a person can be appointed to make decisions on their behalf pursuant to a legal document called a Lasting Power of Attorney.
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