Who Can Be Your Attorney? Key Rules and Restrictions in the UK

Choosing who can be your attorney in the UK is one of the most important decisions you’ll make when setting up a Power of Attorney. The person you appoint will have legal authority to make decisions about your finances, health, or property if you’re unable to do so yourself.

However, the process isn’t as simple as nominating a family member or close friend — there are clear eligibility rules, legal restrictions, and important considerations that differ between the UK and regions like Dubai or the UAE.

This guide explains everything you need to know about who can be your attorney UK, including eligibility requirements, restrictions on Power of Attorney in the UK, and how MAR Legal’s professional law team can help you navigate the process confidently.

What is Power of Attorney in the UK?

A Power of Attorney (POA) is a legal document that gives one or more people (called attorneys) the authority to make decisions on your behalf. It’s most commonly used when someone wants to ensure their personal or financial matters are managed if they lose mental capacity or are temporarily unavailable.

There are several types of Power of Attorney in the UK:

1. Ordinary Power of Attorney – Used for short-term or specific purposes, such as managing financial affairs while you’re abroad.
2. Lasting Power of Attorney (LPA) – The most common form, which remains valid even if you lose mental capacity. It comes in two types:
   • Property and Financial Affairs LPA – Covers money, property, and investments.
   • Health and Welfare LPA – Covers decisions about medical treatment, care, and daily life.
3. Enduring Power of Attorney (EPA) – Older format (before 2007), still valid if created before that date.

Setting up a Power of Attorney ensures your wishes are protected and that someone you trust can act on your behalf. But before doing so, you must understand exactly who can be your attorney in the UK and what the law allows.

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Who is Eligible to Be a Power of Attorney in the UK?

When appointing an attorney, eligibility is governed by clear legal criteria. Understanding these requirements helps ensure your Power of Attorney is valid and legally binding.

Key Eligibility Rules

To qualify as an attorney in the UK:

• The person must be aged 18 or over.
• They must have mental capacity — meaning they understand the decisions and responsibilities involved.
• They can be a family member, friend, partner, or professional, such as an accountant or member of a law team.
• Attorneys for financial matters cannot be undischarged bankrupts or subject to a debt relief order.
• The individual must agree to act and sign the Power of Attorney document.

It’s also possible to appoint more than one attorney, either to act jointly (all decisions together) or jointly and severally (together or independently). Many people choose a combination — for example, two family members and one professional — to balance trust with expertise.

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Can a Family Member Be a Power of Attorney?

Yes — a family member can be your attorney in the UK, and it’s quite common. Many people choose close relatives such as spouses, children, or siblings because they know their wishes best.

However, while family members are often the most trusted option, there are practical and emotional factors to consider:

Advantages

• Trust and familiarity: They understand your values and preferences.
• Accessibility: Easier communication and personal involvement.
• No professional fees: Unlike appointing a lawyer or accountant.

Potential Drawbacks

• Emotional pressure: Managing financial or healthcare decisions can be stressful for relatives.
• Lack of expertise: They may not be familiar with complex financial or legal matters.
• Conflicts of interest: Especially when family dynamics or inheritance issues arise.

Many people choose to appoint a combination of family and professional attorneys to balance personal trust with professional oversight.

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Who Cannot Be Appointed as a Power of Attorney?

While most adults can act as attorneys, the law sets out specific restrictions on Power of Attorney in the UK to prevent misuse or conflict.

You cannot appoint:

• Anyone under 18 years old.
• A person who lacks mental capacity at the time of signing.
• An undischarged bankrupt (for Property and Financial Affairs LPAs).
• Someone subject to a debt relief order.
• A paid carer or care home manager (unless they’re a relative).
• Someone convicted of fraud or dishonesty, if this affects their ability to act responsibly.

These attorney eligibility UK restrictions exist to protect the donor (the person granting the Power of Attorney) and ensure only trustworthy and capable individuals handle sensitive decisions.

If an attorney becomes bankrupt, loses capacity, or is otherwise disqualified, their authority can be automatically revoked — which is why it’s vital to choose someone dependable and legally suitable.

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Understanding Restrictions on Power of Attorney UK

Even when someone is legally eligible, their powers are not unlimited. An attorney’s authority must follow the scope of the Power of Attorney document and the Mental Capacity Act 2005.

Key restrictions include:

• Attorneys must act in the donor’s best interests at all times.
• They must keep finances separate from their own.
• They cannot make gifts (except in very limited circumstances).
• They cannot change a will or make large financial decisions beyond their authority.
• They must consult healthcare professionals before making medical decisions under a Health and Welfare LPA.

Failure to comply can result in legal consequences, and the Office of the Public Guardian (OPG) has power to investigate or remove attorneys who misuse their role.

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How MAR Legal Services Can Help

At MAR Legal, our experienced legal team provides expert guidance on both UK and UAE Power of Attorney laws, ensuring your documents are legally valid, properly executed, and fully compliant with both jurisdictions.

We assist clients with:

• Drafting and registering Lasting Power of Attorney in the UK.
• Advising on attorney eligibility UK and potential restrictions.
• Preparing cross-border Power of Attorney for Dubai and the wider UAE.
• Translation, notarisation, and embassy legalisation where required.
• Professional representation as independent attorneys when a neutral party is preferred.

Whether you need to appoint a family member, business partner, or professional representative, MAR Legal ensures your Power of Attorney reflects your wishes and protects your interests globally.

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Conclusion

Deciding who can be your attorney UK is a personal and significant legal choice. While family members are often the natural option, it’s vital to ensure they meet the eligibility requirements, understand their responsibilities, and act in your best interests.

With proper legal guidance, your Power of Attorney can provide peace of mind and continuity — ensuring that your financial, medical, and personal affairs are managed exactly as you intend, whether you’re based in the UK, Dubai, or the UAE.

FAQs about Who Can Be Your Attorney UK