If you have been appointed an attorney under a UK power of attorney, you are required to keep records of your activities on behalf of the donor. This rule applies whether you are an attorney under a finance and property LPA or a health and welfare instrument.
You can find information about LPAs online. A UK power of attorney can be obtained online.
Keeping Records
Once you are appointed as an attorney you are obliged to maintain accurate records of any decisions you have made on behalf of the donor, whether they relate to medical treatment or care or property and financial affairs.
These records will protect you if any disputes arise with any family members or other attorneys. They should ensure that you are able to establish that you have always acted in the donor’s best interests. These records, when relating to financial affairs, should include receipts for payments such as council and energy bills as well as any purchases relating to property or food and drink.
You will need to record conversations relating to decisions about significant investments or expenses. Bank statements and other account details are a given, and you should also have evidence of any charitable donations or gifts to family and friends.
If it is within your ambit, you should also record issues relating to medical treatment or care.
The Office of the Public Guardian or the Court of Protection can check your decisions and potentially remove you as an attorney.
Keeping Finances Separate
When managing the donor’s finances it is vital that your and the donor’s finances are kept entirely separate. This rule applies even if you are a family member such as a daughter, son or parent of the donor. This includes keeping records of any payments you make on their behalf.
At all times make sure that your own funds and the donor’s are not mixed. Specifically check any joint accounts which the donor has not given specific permission for you to control as an attorney. Meticulously recording transactions on the donor’s behalf and keeping receipts is essential.