Duties of an Attorney

Powers of Attorney

Attorneys have very strict rules that they must follow when acting as an attorney. Not knowing these rules is not a reason for not abiding by them. If you act improperly as an attorney, you can be held personally responsible and could even go to prison if what you have done is a criminal offence.  

An overview of the duties of an attorney can be found on the government website: Acting as an Attorney: GOV.UK  

Duties of a Property and Financial Affairs Attorney include: 

1. Properly managing the money and finances of the donor (the person who gave you the power) 

2. Making sure the donor is receiving all of the money they are entitled to 

3. Keeping the donor’s money separate to your own 

4. Applying to the Court of Protection for authority to make some decisions that you are not allowed to make alone, such as large gifts 

Duties of a Health and Welfare Attorney include: 

1. Making some decisions about medical treatments 

2. Making decisions about the donor’s daily routine 

3. Making decisions about where the donor lives 

4. Some attorneys have the power to make decisions about treatment that keeps the donor alive. This will be detailed in the Power of Attorney itself 

5. Applying to the Court of Protection for any one-off decisions that you are not allowed to make alone, such as treatment that goes against a living will, or treatments such as sterilisation of the donor.