Last reviewed: 24 May 2026 by the MP Estate Planning editorial team. Jurisdiction: England and Wales. Scotland and Northern Ireland have different probate and intestacy rules; the IHT thresholds are UK-wide.

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 team today or visit our pricing page to explore our fixed-fee services.

Joint and Joint-and-Several Attorneys: What Families Need to Know

One of the most common questions we encounter in practice is whether two or more siblings can share the role of attorney under a Lasting Power of Attorney (LPA). The short answer is yes — and the structure chosen at the outset can either prevent family conflict or, in some cases, inadvertently create it.

Joint Versus Joint-and-Several Appointments

When a donor registers an LPA, they may appoint multiple attorneys to act in one of two ways. Jointly means all attorneys must agree and sign off on every decision together — no attorney can act alone. Jointly and severally means each attorney can act independently or together, depending on the circumstances. A third option, which is sometimes overlooked, is a mixed appointment: for example, requiring joint agreement only on major decisions such as the sale of a property, while allowing individual attorneys to handle routine transactions independently.

The Office of the Public Guardian (OPG), which registers all LPAs in England and Wales and investigates attorney misconduct, provides detailed guidance on appointment structures at gov.uk/government/organisations/office-of-the-public-guardian. It is worth reading this carefully before completing the LPA forms, as the appointment structure cannot typically be changed after registration without revoking and re-registering the document.

Which Structure Works Best for Siblings?

In our experience, joint-and-several appointments tend to work well where siblings have a broadly trusting relationship and live in different locations, since requiring unanimous sign-off on every decision can cause significant practical delays — particularly for health and welfare matters that may require an urgent response. However, where there is existing tension between siblings, a purely joint-and-several structure can create a situation where one attorney acts unilaterally in ways the others were unaware of, which may not reflect the donor’s wishes.

A mixed appointment, or the inclusion of a named replacement attorney, can offer a practical middle ground. Our team would generally suggest donors discuss these options with a regulated solicitor before finalising the LPA, as the Mental Capacity Act 2005 — the governing statute for all LPA duties in England and Wales — places the legal burden firmly on the attorneys themselves to act in the donor’s best interests at all times.

Red Flags That a Co-Attorney May Be Misusing the LPA

Where siblings share an LPA appointment, it is important to recognise the signs that something may have gone wrong. Common red flags include:

• One attorney consistently making financial decisions without informing or consulting the other appointed attorneys
• Large or unexplained withdrawals from the donor’s bank accounts, particularly shortly after the LPA was registered
• The donor being discouraged from contacting other family members or being isolated from their usual social contacts
• Gifts being made from the donor’s estate to the attorney or their close family that go beyond what the donor previously indicated they would want
• Reluctance to provide account statements or financial records when asked by a co-attorney or a concerned family member
• Decisions about the donor’s care being made without any apparent reference to the donor’s previously expressed wishes or best interests

These behaviours do not automatically confirm abuse, but they may warrant closer scrutiny. The OPG has published guidance on reporting concerns about an attorney, and in serious cases concerns can be escalated to the Court of Protection under the Mental Capacity Act 2005. Misuse of a power of attorney — including financial abuse, making decisions beyond the scope of the LPA, or acting against the donor’s best interests — can constitute a criminal offence under the Fraud Act 2006 or the Mental Capacity Act 2005 itself, and may result in the attorney being removed and potentially prosecuted.

Frequently Asked Questions: Power of Attorney and Family in the UK

Can power of attorney keep family away from parents?

This is a question our team hears frequently, and it is important to be clear: a property and financial affairs LPA does not give an attorney the legal right to restrict other family members from having contact with the donor. A health and welfare LPA does give the attorney authority over certain welfare decisions, but this authority must always be exercised in the donor’s best interests under the Mental Capacity Act 2005 — it cannot lawfully be used as a mechanism to isolate the donor from family. If you believe a family member is being deliberately isolated by an attorney, this is a serious safeguarding concern that should be reported to the OPG or, in urgent cases, to the local authority adult safeguarding team.

Can a sibling challenge a power of attorney in the UK?

Yes, in most cases a sibling or other family member can raise a formal objection. During the LPA registration process, there is typically a four-week window during which named persons — people the donor has asked to be told about the LPA — may object to registration. After an LPA has been registered, concerns can be reported to the Office of the Public Guardian, which has the power to investigate and, where appropriate, apply to the Court of Protection to have the LPA suspended or revoked. With over 6 million LPAs now registered in England and Wales, the OPG handles a significant volume of such concerns each year.

What is considered misuse of power of attorney?

Misuse generally includes any action by an attorney that falls outside the scope of the LPA, is not in the donor’s best interests, or involves using the donor’s assets for the attorney’s personal benefit without proper authority. Specific examples may include making large gifts to themselves or others without the Court of Protection’s approval, using the donor’s funds to pay the attorney’s personal debts, making healthcare decisions under a property and financial affairs LPA (which does not cover health matters), or failing to keep the donor’s finances separate from their own. The Mental Capacity Act 2005 sets out the legal framework, and breaches can result in civil liability, removal as attorney, or in serious cases criminal prosecution.

Which of the following is a red flag for power of attorney?

Common red flags include unexplained changes to the donor’s will or financial arrangements shortly after an LPA is registered, the donor appearing anxious or withdrawn in the attorney’s presence, significant unexplained financial transactions, the attorney being unable or unwilling to account for the donor’s funds, and the donor being denied access to other family members or their usual support network. None of these individually proves wrongdoing, but any of them may justify a closer look or a referral to the OPG.

What are common POA mistakes to avoid?

In our experience, the most common and consequential mistakes include: appointing a sole attorney with no replacement named, failing to consider whether a joint or joint-and-several appointment would better suit the family’s dynamics, not registering the LPA while the donor still has capacity (an unregistered LPA cannot be used), and failing to keep clear financial records from the moment the LPA is activated. Attorneys should also be aware that they generally cannot make substantial gifts from the donor’s estate without authorisation from the Court of Protection — this is a frequently misunderstood restriction that can have serious consequences. For guidance on the registration process, the OPG’s official resources at gov.uk/power-of-attorney are a useful starting point, though our team would always recommend seeking advice from a regulated solicitor for anything beyond straightforward circumstances.