What are Power of Attorney Obligations to Family Members in the UK?
In the UK, appointing someone as your attorney is a serious legal responsibility. When families create a Lasting Power of Attorney (LPA), many questions come up—especially around what duties the attorney holds toward other relatives. This guide explores the key question: what are the power of attorney obligations to family members in the UK?
We’ll break down what the law says, how family dynamics affect the attorney’s role, and what attorneys must do to avoid disputes. If you’re looking to set up or manage a Power of Attorney, book a free consultation today with MP Estate Planning UK® for tailored advice.
What Is a Power of Attorney?
A Lasting Power of Attorney is a legal document that allows someone (the “donor”) to appoint a trusted person (the “attorney”) to make decisions on their behalf if they lose mental capacity—or, in some cases, while they still have it. In England and Wales, there are two types:
- Property and Financial Affairs LPA – covers money management, bills, property, pensions, etc.
- Health and Welfare LPA – covers decisions about care, living arrangements, and medical treatment
Learn more about setting up these LPAs on our Lasting Power of Attorney service page.
Who Can Be an Attorney?
An attorney must be:
- Over 18 years old
- Someone the donor trusts to act in their best interests
- Not bankrupt (for property and financial affairs LPAs)
Often, the attorney is a family member—like a spouse, adult child, or sibling. But being a family member does not change the legal obligations that come with the role.
Attorney’s Legal Obligations Under UK Law
Attorneys are legally bound by the Mental Capacity Act 2005 and its Code of Practice. These obligations include:
- Acting in the donor’s best interests
- Following the donor’s preferences and instructions in the LPA
- Supporting the donor’s independence wherever possible
- Keeping accounts and records of all financial activity
- Avoiding conflicts of interest
For financial LPAs, attorneys must keep the donor’s finances separate from their own. Failure to do so could lead to legal action, family disputes, or even removal by the Office of the Public Guardian (OPG).
Power of Attorney Obligations to Family Members UK
So, what obligations does an attorney have to other family members?
Legally speaking, the attorney’s responsibility is solely to the donor—not to other family members. However, there are practical and ethical duties that come into play, especially in complex family situations.
1. Keep Family Informed (Where Appropriate)
Although there’s no legal requirement to notify family members about every decision, keeping close relatives informed—especially siblings or other adult children—can reduce confusion and prevent mistrust.
This is particularly important when:
- Managing or selling the donor’s home
- Handling large financial transactions
- Making care or end-of-life decisions
2. Respect the Donor’s Family Wishes
If the donor has expressed wishes that involve or benefit other family members (e.g. continuing birthday gifts to grandchildren, paying for a relative’s education), the attorney may be able to honour these—but only if it’s in the donor’s best interests and consistent with their past behaviour.
According to official GOV.UK guidance, attorneys can make gifts or payments to others if they:
- Are of reasonable value, and
- Are in line with the donor’s previous habits
For anything outside this scope, attorneys must apply to the Court of Protection.
3. Avoid Family Conflicts
Attorneys must act with care and transparency to avoid allegations of misconduct. Common family issues include:
- Disagreements over selling the family home
- Arguments over spending or gifts
- Concerns about unfair treatment between siblings
In these cases, it helps to:
- Keep a written record of decisions
- Offer updates to family (with the donor’s permission)
- Consider involving a professional attorney as a neutral party
Common Questions About Power of Attorney and Family
Can a Power of Attorney benefit from the donor’s estate?
No. An attorney cannot use the donor’s money for their own benefit—unless this was clearly stated in the LPA and is legally justifiable. Breaching this can be reported to the OPG.
Can family override a Power of Attorney?
Only the donor (while they have mental capacity) or the Court of Protection can remove or override an attorney. Other family members do not have legal power to interfere unless there is clear evidence of abuse or mismanagement.
Does the attorney have to consult family before making decisions?
No, but it is considered good practice in emotionally sensitive cases like medical decisions or moving the donor into care. Attorneys should involve the family when possible—while always prioritising the donor’s interests.
How to Handle Disputes Over Power of Attorney
Disputes between attorneys and family members are unfortunately common. Here’s how to minimise the risk:
- Ensure the LPA is written with clear instructions and preferences
- Use replacement attorneys if you’re concerned about trust or longevity
- Appoint professional attorneys (e.g. a solicitor) for neutrality
If a family member suspects the attorney is not fulfilling their role correctly, they can contact the Office of the Public Guardian to raise a formal concern.
Protecting the Donor and the Family
Attorneys must strike a balance between legal duties and family harmony. If you’re considering naming a family member as your attorney—or if you’ve been asked to act as one—it’s vital to understand the full scope of your obligations.
We recommend reviewing your situation with a specialist. Book a free consultation today and get guidance tailored to your family’s needs and the donor’s wishes.
Other Helpful Resources
- GOV.UK: Lasting Power of Attorney overview
- GOV.UK: Make a Lasting Power of Attorney
- MP Estate Planning: LPA Services
Conclusion: Know Your Obligations, Avoid Conflict
When it comes to power of attorney obligations to family members UK, the law is clear: your duty is first and foremost to the donor. But family harmony matters too. With open communication, sound planning, and proper legal advice, attorneys can carry out their responsibilities with integrity and compassion.
Need help drafting or reviewing an LPA? Speak to our experts today or visit our pricing page to explore our fixed-fee services.