Restrictions imposed by law
The law limits what your attorney(s) can do and how they must act. The most important rule is that an attorney is only allowed to act in your best interests and in accordance with the Mental Capacity Act 2005 (MCA) and the MCA Code of Practice. Another important rule for an attorney for financial decisions is that they must keep accounts and be able to submit them to the OPG if requested.
Other rules include:
• Strict limits on the kinds of gifts that an attorney for financial decisions can make on your behalf. For example, they can make gifts on customary occasions (for example, birthday, Christmas and weddings) but they cannot make gifts for inheritance tax planning or pay school fees for grandchildren without making an application to Court of Protection.
• The law against euthanasia and assisted suicide. Your attorney cannot break the law even if you try to allow them to do so in your LPA for health and care decisions.