ο To act in accordance with the Act’s principles.
ο In particular, to act or make decisions in the donor’s best interests.
ο To have regard to the guidance in the Code of Practice.
ο To act only within the scope of your authority as Attorneys.
ο To take due care when making decisions on behalf of the donor.
ο To carry out instructions as required by the LPA.
ο Not to delegate the powers given to them under the LPA unless authorised to do so.
ο Not to benefit themselves but to benefit the donor.
ο To act in good faith, which means to act with honesty and integrity.
ο Confidentiality – to keep the donor’s affairs confidential unless the Donor has consented otherwise.
ο To comply with the directions of the Court of Protection.
ο Not to give up the role without telling the donor and the Court.
ο To keep the donor’s money and property separate from their own.
ο When considering whether to make gifts from the donor’s assets, to bear in mind the restrictions in section 12 of the Mental Capacity Act 2005.
This permits only such gifts which are made on “customary occasions” (birth/birthday gifts, wedding/civil partnership or anniversary gifts, or (for example) Christmas presents) to persons related to or connected with the donor, or in the case of charitable giving, gifts to “any charity to whom the donor made, or might have been expected to make, gifts”.
In all cases the value of the gift must not be unreasonable having regard to all the circumstances and, in particular, the size of the donor’s estate; and to keep accurate accounts of all dealings.
A person can refuse to act as Attorney but if they agree to take on the responsibility, they immediately become subject to the duties of an Attorney. Failure to comply could mean the LPA is cancelled and in some cases, the Attorney may be found civilly or criminally liable for fraud or negligence.