Applications to the Court of Protection for Attorneys appointed under a Lasting Power of Attorney (LPA)

This blog outlines the most common and often overlooked situations where Attorneys must seek additional authority, along with practical guidance on preparing an application.

Although an LPA gives Attorneys wide powers to manage a person’s property and financial affairs, there are still key decisions that cannot be made without approval from the Court of Protection.

Recognising these limits early helps avoid delays, prevent disputes, and ensure that every decision is lawful and, in the donor’s, best interests.

Statutory Wills

If the donor lacks capacity to make or amend their Will, an Attorney cannot do this on their behalf. Only the Court can authorise a Statutory Will, you may need to apply when:

• The donor has no existing Will
• Their current Will is outdated or inappropriate
• A major life change has occurred (e.g., a beneficiary has died)
• There is a risk of dispute if the estate is left unaddressed

The Court will expect:

• A full picture of the donor’s financial circumstances
• Details of family members and potential beneficiaries
• Evidence of their past wishes, values, and relationships
• A clear explanation of why the proposed Will is in their best interests

Selling or transferring property

While Attorneys can manage property, selling the donor’s home or transferring ownership often requires specific Court approval, particularly where:

• The property is jointly owned
• The sale is to a family member
• The sale is below market value
• The LPA does not expressly authorise the transaction

The Court will expect:

• A recent valuation
• Details of their care needs and living arrangements
• Evidence that the sale is in the donor’s best interests
• Information about marketing, offers, or reasons for urgency

Gifting applications

Attorneys have very limited powers to make gifts. Anything beyond small, customary gifts, such as birthday or Christmas presents requires Court approval.

You may need to apply if you wish to:

• Assist a family member financially
• Make gifts for inheritance tax planning
• Transfer assets as part of estate planning
• Make charitable donations outside the donor’s usual pattern

The Court will expect:

• The purpose and size of the proposed gift
• A full breakdown of assets, income, and expenditure
• Evidence that the donor will still have sufficient funds for life
• How the gift aligns with the donor’s past behaviour or known wishes

Remuneration applications

Attorneys cannot pay themselves or another family member for providing care unless the LPA explicitly authorises it or the Court approves it. You may need to apply when:

• An informal arrangement needs formalising
• You wish to be paid for providing regular care
• A family member is providing care and needs remuneration
• The donor previously paid for care but can no longer consent

The Court will expect:

• A clear breakdown of the care arrangement
• Comparison with commercial care costs
• Details of any past wishes or patterns of behaviour
• Confirmation that the donor can afford the payments
• Evidence that the arrangement is in the donor’s best interests

Authority to make loans

Attorneys have no authority to make loans from the donor’s funds; approval is required where:

• A family member seeks a loan
• A loan is needed to prevent hardship
• A historic informal loan needs formalising
• A loan is proposed as part of estate planning

The Court will expect:

• Terms of the proposed loan
• Full financial details of the donor
• Evidence that the donor will not be disadvantaged
• How the loan aligns with the donor’s values and past behaviour

Authority for major or unusual expenditure

Some decisions fall outside the scope of an Attorney’s usual powers, including:

• Funding litigation
• Major home adaptations
• Paying private school fees for dependants
• Purchasing a property for the donor or a family member
• Any expenditure outside the donor’s usual pattern

The Court will expect:

• A breakdown of costs
• Evidence of best interests reasoning
• Financial forecasts
• Details of alternatives

Authority to change the donor’s living arrangements

While Attorneys can make day to day decisions about care, a permanent move may require Court approval, especially where:

• There is family disagreement
• The move is a significant departure from the donor’s previous lifestyle
• The donor is being moved into residential care for the first time
• The move involves selling or giving up the donor’s home

The Court will expect:

• Evidence of the donor’s care needs
• Best interests analysis
• Details of the proposed placement
• Financial implications

Deprivation of Liberty (DoLS) related decisions

Attorneys cannot authorise arrangements that amount to a deprivation of liberty, such as:

• Locked or highly restrictive care settings
• Continuous supervision and control
• Restrictions on freedom of movement

If such arrangements are required, the Court must authorise them.

Emergency applications

Urgent Court intervention may be required where:

• There is a risk of financial abuse
• Immediate access to funds is needed for care
• An unauthorised sale or transaction must be stopped

In emergencies, the Court expects:

• Only essential evidence
• A clear explanation of the risk
• Justification for why the matter cannot wait

Additional applications to the Court of Protection are a normal part of acting as an Attorney. The important thing is recognising when your authority is limited and acting early to avoid problems later.

Contact us

If you are unsure whether a particular decision requires Court approval, or if you need help preparing an application, our Court of Protection team at Chattertons is here to guide you.

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