What Does Power of Attorney Allow You to Do? Complete List

A Lasting Power of Attorney (LPA) gives your chosen attorneys the legal authority to make decisions on your behalf. But what exactly can they do — and what are the limits?

This guide provides a complete breakdown of attorney powers under both types of LPA in England and Wales: Property and Financial Affairs and Health and Welfare.

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Property and Financial Affairs LPA: What Your Attorney Can Do

A Property and Financial Affairs LPA covers all financial and property-related decisions. Once registered, this LPA can be used immediately — even while the donor still has mental capacity (with the donor's permission).

Managing Bank Accounts and Finances

Your attorney can:

Access your bank and building society accounts
Pay bills, direct debits, and standing orders
Manage your day-to-day spending
Transfer money between your accounts
Open or close bank accounts on your behalf
Deal with your tax returns and HMRC

Property and Housing

Your attorney can:

Pay your mortgage or rent
Arrange property maintenance and repairs
Buy, sell, or rent property on your behalf
Deal with estate agents, solicitors, and surveyors
Make decisions about home improvements
Manage any rental properties you own

Investments and Pensions

Your attorney can:

Manage your investment portfolio
Buy and sell shares, bonds, and other investments
Make decisions about your pension
Claim pension and benefit payments on your behalf
Deal with your financial adviser or broker

Insurance and Legal Matters

Your attorney can:

Manage your insurance policies
Make or settle insurance claims
Instruct solicitors on your behalf for legal matters
Deal with contracts and agreements

Business Interests

Your attorney can:

Run your business or manage your share of a business
Make business decisions on your behalf
Deal with business bank accounts and finances
Handle employment matters if you are an employer

Benefits and Government Payments

Your attorney can:

Claim benefits on your behalf (Attendance Allowance, Pension Credit, etc.)
Deal with the Department for Work and Pensions
Manage your state pension

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Health and Welfare LPA: What Your Attorney Can Do

A Health and Welfare LPA covers decisions about your medical care, daily routine, and living arrangements. This type of LPA can only be used when the donor has lost mental capacity.

Medical Treatment

Your attorney can:

Consent to or refuse medical treatment on your behalf
Discuss your medical options with doctors and specialists
Access your medical records (with appropriate authority)
Make decisions about medication
Decide on surgical procedures and therapies

Life-Sustaining Treatment

Only if you specifically grant this power in the LPA, your attorney can:

Make decisions about life-sustaining treatment
Consent to or refuse treatment that keeps you alive

This is an opt-in power. If you do not include it, decisions about life-sustaining treatment will be made by your medical team in your best interests.

Where You Live

Your attorney can:

Decide where you live (your own home, with family, or in a care home)
Choose a specific care home or residential facility
Decide whether you should move
Arrange supported living or sheltered accommodation

Daily Care and Routine

Your attorney can:

Make decisions about your daily care (washing, dressing, eating)
Choose your diet and nutrition
Decide on your daily routine and activities
Arrange social activities and outings

Social Services and Community Care

Your attorney can:

Deal with social services on your behalf
Arrange community care services
Accept or refuse care packages
Manage your relationship with care providers

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What an Attorney CANNOT Do

Regardless of which type of LPA they hold, there are clear legal limits on what attorneys can do.

Under Any LPA

An attorney cannot:

Make decisions the donor can still make themselves (capacity is decision-specific)
Act outside the scope of the LPA document
Ignore any restrictions or conditions set out in the LPA
Make decisions that benefit themselves at the donor's expense
Delegate their authority to someone else (except in limited circumstances)
Act once the donor has died — the LPA ceases immediately on death

Under a Property and Financial Affairs LPA

An attorney cannot:

Make a will on behalf of the donor
Change an existing will
Make gifts beyond those allowed by law (reasonable gifts on customary occasions)
Vote on behalf of the donor
Make large charitable donations without Court of Protection approval
Mix the donor's money with their own

Under a Health and Welfare LPA

An attorney cannot:

Make decisions about life-sustaining treatment unless this power is specifically included
Consent to the donor being detained under the Mental Health Act
Override a valid advance decision (living will) made by the donor
Demand specific medical treatments (doctors retain clinical judgement)
Force the donor to do anything against their will while they still have capacity

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How Restrictions and Preferences Work

When creating your LPA, you can add restrictions and preferences to control how your attorneys act.

Restrictions (Legally Binding)

Restrictions are rules your attorneys must follow. Examples:

"My attorneys must not sell my home without consulting my children"
"My attorneys must get independent financial advice before making investments over £10,000"
"My attorneys must keep detailed records of all financial transactions"

Preferences (Guidance, Not Binding)

Preferences are wishes your attorneys should try to follow but are not legally required to. Examples:

"I would prefer to stay in my own home for as long as possible"
"I would prefer organic food and a vegetarian diet"
"I would like to continue attending my local church"

At myLPA, we help you draft effective restrictions and preferences as part of our service — starting from just £74 per LPA.

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Joint and Several Attorneys: How Powers Are Shared

If you appoint more than one attorney, you can choose how they work together:

Jointly

Attorneys must all agree on every decision
If one attorney cannot act (illness, death, resignation), the LPA may fail
Best for: people who want all attorneys to collaborate on every decision

Jointly and Severally

Attorneys can act together or independently
If one attorney cannot act, the others continue
Best for: flexibility and practical convenience

Jointly for Some Decisions, Severally for Others

You specify which decisions require joint agreement
Other decisions can be made independently
Best for: important decisions (selling property) requiring consensus, while everyday decisions can be made individually

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Real Examples of Attorney Powers in Action

Example 1: Managing Finances After a Stroke

John suffers a stroke and cannot manage his finances. His attorney Sarah:

Contacts his bank to register the LPA
Sets up direct debits for bills
Manages his pension income
Pays for rehabilitation therapy
Keeps detailed records of all transactions

Example 2: Health Decisions After Dementia Diagnosis

Margaret has advanced dementia and can no longer make healthcare decisions. Her attorney David:

Discusses treatment options with her doctors
Consents to medication changes
Chooses a care home close to family
Ensures her daily care meets her known preferences
Makes decisions about life-sustaining treatment (this power was included in her LPA)

Example 3: Property and Financial Affairs While Abroad

Peter is mentally capable but travels extensively. His attorney (his wife) uses the Property and Financial Affairs LPA to:

Manage their joint finances while he is overseas
Deal with property maintenance issues
Handle tax returns and correspondence
Sign documents on his behalf

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The Importance of Choosing the Right Attorneys

Your attorneys will have significant powers over your life and finances. Choosing wisely is crucial:

Qualities to Look For

Trustworthy — they will have access to your money and personal affairs
Capable — able to handle financial or medical decisions
Available — geographically close enough to act when needed
Willing — genuinely prepared to take on the responsibility
Good communicators — able to work with banks, doctors, and other organisations

Consider Appointing

A spouse or partner
Adult children
A close friend
A professional (solicitor or accountant) for financial matters

Always Appoint Replacement Attorneys

If your main attorney cannot act (illness, death, moving abroad), a replacement attorney steps in. Without replacements, your LPA could become unusable.

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Frequently Asked Questions

Can an attorney access my bank account immediately after the LPA is registered?

For a Property and Financial Affairs LPA, yes — once registered, your attorney can present the LPA to your bank. Most banks have dedicated LPA teams. For a Health and Welfare LPA, it can only be used when you lack mental capacity.

Can I limit what my attorney can do?

Absolutely. When creating your LPA, you can add restrictions that are legally binding. For example, you can prevent your attorney from selling your home or require them to consult family members before making major decisions. myLPA helps you draft these restrictions as part of our £74 service.

Can my attorney make decisions I disagree with?

If you still have mental capacity, your attorney cannot override your decisions. A Property and Financial Affairs LPA can be used with your permission while you have capacity, but you remain in control. A Health and Welfare LPA can only be used when you lack capacity.

What happens if my attorney abuses their power?

The Office of the Public Guardian (OPG) investigates concerns about attorneys. Anyone can raise a concern. The OPG can refer cases to the Court of Protection, which can remove an attorney and revoke the LPA. This is why choosing trustworthy attorneys is so important.

Can an attorney change my will?

No. An attorney has no power to make, change, or revoke a will. The attorney's powers relate to decisions during the donor's lifetime only.

Do both types of LPA give the same powers?

No. A Property and Financial Affairs LPA covers financial and property decisions. A Health and Welfare LPA covers medical treatment, care, and living arrangements. Most people create both types for complete protection.

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