Lasting Power of Attorney: Who Is the Donor?

If you’re setting up a Lasting Power of Attorney (LPA) in the UK, it’s essential to understand who the donor is—because everything in the LPA process revolves around them. So, when asking “Lasting Power of Attorney: who is the donor?”, the answer is simple yet legally significant: the donor is the person who makes the LPA and gives someone else the legal authority to act on their behalf.

In this article, we’ll explore the role, responsibilities, and rights of the donor in the LPA process. Whether you’re planning for your own future or helping a loved one, understanding the donor’s position is the foundation of a valid and effective power of attorney.

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Who Is the Donor in a Lasting Power of Attorney?

In the UK legal system, the term “donor” refers to the person who is granting authority to another person (or people) to make decisions on their behalf. This authority is granted through the legal instrument known as a Lasting Power of Attorney (LPA).

The donor:

• Is the individual creating the LPA
• Must be over 18 years of age
• Must have full mental capacity at the time of making the LPA
• Chooses one or more attorneys to act on their behalf

The donor can set limits, preferences, and instructions that govern how the appointed attorney(s) can act.

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The Two Types of LPA and What They Mean for the Donor

When the donor makes a Lasting Power of Attorney, they must choose between (or create both of) the following types:

1. Property and Financial Affairs LPA

This allows the attorney(s) to manage the donor’s finances. This includes:

• Accessing bank accounts
• Paying bills or rent
• Buying or selling property
• Managing investments or pensions

Important: This LPA can be used while the donor still has mental capacity, if they give permission.

2. Health and Welfare LPA

This allows the attorney(s) to make decisions about the donor’s:

• Medical treatment
• Living arrangements and care
• Daily routines
• End-of-life care (if the donor explicitly allows this)

Note: This type can only be used after the donor has lost mental capacity.

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Donor’s Legal Rights and Responsibilities

Even though the donor is handing over power, they still retain full legal rights until that power is activated (and in many cases, even after that). Here’s what donors need to know:

1. The Right to Choose Attorneys

The donor can choose:

• Who will act as their attorney(s)
• Whether they act jointly, jointly and severally, or in different roles
• Replacement attorneys, in case the original ones are unavailable

2. The Right to Make Conditions

The donor can include specific preferences and instructions in the LPA. These might include:

• Limits on selling property
• Rules for financial transactions
• Wishes for medical treatment or care homes

3. The Right to Revoke the LPA

The donor can cancel or amend the LPA at any time as long as they still have mental capacity. This includes:

• Changing attorneys
• Updating instructions
• Revoking the LPA altogether

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Requirements to Be a Donor

To make a Lasting Power of Attorney, the donor must:

• Be at least 18 years old
• Be mentally capable of understanding the consequences
• Sign the document willingly and without pressure

To confirm this, a certificate provider (such as a solicitor or someone who has known the donor for at least 2 years) must sign the form, declaring the donor understands the LPA and is not being coerced.

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When Does the Donor’s Power Transfer to the Attorney?

Just because an LPA is created and registered, it doesn’t mean the attorneys can use it immediately. Here’s when the power transfers, depending on the LPA type:

• Property and Financial Affairs LPA: Attorneys can act as soon as the LPA is registered, with the donor’s permission. If the donor loses capacity, attorneys can then act without ongoing consent.
• Health and Welfare LPA: Attorneys can only act after the donor has lost mental capacity.

This ensures the donor retains control of their own decisions for as long as they are able to do so.

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Common Questions About Donors in a Lasting Power of Attorney

Can the donor still make decisions after the LPA is registered?

Yes. If the donor still has mental capacity, they can continue to make their own decisions. The attorney only steps in if the donor gives permission or loses capacity (depending on the LPA type).

Can the donor override the attorney?

Yes—if the donor has capacity, their decisions take priority, and attorneys must defer.

What if the donor wants to remove an attorney?

The donor can remove or replace an attorney by updating the LPA. This must be done through proper legal channels and, in most cases, requires registering a new LPA document.

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Real-Life Example: Understanding the Donor Role

Let’s say Margaret, 72, is preparing for the future. She appoints her daughter as attorney under a Property and Financial Affairs LPA. As the donor, Margaret:

• Chooses her daughter to act for her if she’s hospitalised or develops dementia later
• Includes instructions that her home can only be sold if she moves into care
• Signs the document after a solicitor confirms she understands her rights

Although the LPA is registered, her daughter can only act when Margaret allows her to—or if she loses capacity. This demonstrates the donor’s continued control and the importance of clear legal protections.

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Why the Donor Role Matters in Estate Planning

Being a donor in a Lasting Power of Attorney is not just a legal label—it’s about safeguarding your future and making your wishes legally binding. The donor holds the reins and can customise how, when, and to what extent attorneys can act.

Properly setting up an LPA is one of the most responsible things you can do for your peace of mind and your family’s future. To get it right, it’s best to speak with a professional who can guide you through your options.

Book a free consultation with our expert team today, or explore our fixed-fee LPA pricing for complete peace of mind.

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Conclusion

So, who is the donor in a lasting power of attorney? They are the person at the centre of the process—the one granting authority to trusted individuals for when help is needed most. As a donor, you remain in control of your life decisions for as long as you’re able, with a legal plan in place for the future.

Understanding your rights and responsibilities as a donor helps ensure your wishes are honoured and your assets and wellbeing are protected. Whether you’re just starting your LPA journey or ready to act, MP Estate Planning is here to help.

Start protecting your future today. Book your free consultation or review our pricing to take the next step.