Use a lasting power of attorney
Attorney records and duties
Keep a record of:
- important decisions you make and when you make them, for example selling the donor’s home or agreeing to medical treatment
- the donor’s assets, income and how you spend their money - if you’re their finance and property affairs attorney
Include details of who you asked for advice and any disagreements.
Do not include small, everyday decisions.
Expenses
You can only claim expenses for things you must do to carry out your role as an attorney, for example:
- hiring a professional to do things like fill in the donor’s tax return
- travel costs
- stationery
- postage
- phone calls
You can be ordered to repay the donor’s money if you misuse it or make decisions to benefit yourself.
Keep your receipts and invoice the donor for your expenses. The money is paid by whoever’s in charge of the donor’s funds.
Checks and visits
The Office of the Public Guardian (OPG) and Court of Protection can check your decisions. They may:
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arrange a visit with you and the donor together, or the donor alone
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contact other people such as the donor’s family, bank or care workers
They can investigate and stop you acting as an attorney if, for example:
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you’ve done something the lasting power of attorney (LPA) says you cannot
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you’ve not done something the LPA has instructed you to do
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you’ve not been acting in the donor’s best interests
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you misuse the donor’s money or make decisions to benefit yourself
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you do something that goes against their human or civil rights
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the donor is not being treated well
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the donor made the LPA under pressure or they were tricked into it