Can You Pay Your LPA Attorney? Fees and Expenses Explained
If you ask someone to act as your attorney, money can be an awkward subject. Will they be reimbursed for travel? Can they receive a regular payment for their time? Does appointing a professional make the position different? These are useful questions to settle while preparing the lasting power of attorney, rather than leaving everyone to work from different assumptions later.
This guide explains LPA attorney fees and expenses under the England and Wales framework. It focuses on planning the arrangement and recognising when advice is needed. Reimbursement of necessary costs, payment for an attorney's work and gifts to family are different issues. Calling a payment an expense does not decide whether it is authorised.
Start by separating three kinds of cost
An LPA may involve a preparation charge, an Office of the Public Guardian registration fee and, later, costs connected with the attorney's work. The fee paid to someone who prepares the forms is not automatically a fee for acting as an attorney. A practitioner helping with preparation does not become an attorney simply by doing that work.
When asking for a quotation, identify the service: preparation, registration assistance, acting as an attorney or another professional task. Keep written terms with the relevant paperwork. This practical step helps prevent a family from treating every charge connected with an LPA as if it had the same basis.
Expenses reimburse costs of carrying out the role
GOV.UK explains that an attorney can claim expenses for things they must do to carry out the role. Examples include travel, stationery, postage, phone calls and appropriate professional assistance. The Office of the Public Guardian's LP12 guide also refers to reasonable expenses. The connection to the attorney's actual duties matters.
A useful question is: what was bought, why was it needed and how much did it cost? A receipt answers part of that question, but it may not explain the purpose. Keep a short note where the reason would otherwise be unclear. Do not assume that an unrelated personal purchase becomes reimbursable because it was made on the same day as an attorney task.
Payment for time is a separate question
Many family members and friends act without receiving a fee. LP12 explains that, if a donor agrees to pay a non-professional attorney a fee, this must be written into the instructions. If it is not included, the attorney cannot be paid a fee under that arrangement. Leaving the fee instructions blank does not remove the ability to claim proper expenses.
Before signing, distinguish a payment for work from reimbursement of an identified cost. Discuss which attorneys would receive payment and how the intended arrangement should operate. Avoid relying on statements such as 'take something for your trouble'. Ask the person preparing the LPA to explain the effect of the proposed wording; this article does not provide a charging clause to copy.
Professional attorneys need clear charging arrangements too
Professional attorneys, such as solicitors or accountants, ordinarily charge for their services. LP12 tells donors to record the agreed payment arrangements in section 7. Fees and expenses come from the donor's funds. Being comfortable with someone's professional qualifications does not remove the need to understand how they would charge.
As practical preparation, request the charging terms and ask what work they cover. Is the basis a fixed amount, a rate or something else? What would happen if more work were needed? How would charges be explained and recorded? These are questions for the proposed professional and the drafter, not a recommendation that one charging model suits everyone.
Keep a record that another person can understand
GOV.UK advises attorneys to retain receipts and invoice the donor for expenses. Payment is made by whoever controls the donor's funds. Its guidance also requires records of important decisions and, for financial attorneys, the donor's assets, income and spending. Good records make it easier to explain a transaction if questions arise.
For an expenses record, a simple working layout could identify the date, supplier, amount, task and supporting receipt. Mark whether the cost has already been reimbursed. If a payment covers several items, retain the breakdown. This is a practical organisational suggestion, not a substitute for any accounting requirement or professional advice that applies to the particular arrangement.
Discuss expectations with everyone who may act
Different assumptions can develop even where relatives trust one another. One attorney may expect to pay travel costs personally; another may expect prompt reimbursement. A professional appointment may bring separate charges. Talking about those expectations before signing gives the donor an opportunity to make an informed choice.
The donor's instructions must remain their own. A prospective attorney should not decide what they will be paid and present that as a settled term. If the proposed arrangements are difficult to understand, create pressure or raise a conflict, bring that to the practitioner's attention. Seek independent advice on uncertain payments rather than relying solely on family agreement.
If the LPA already exists, read it before paying
Find the complete registered document, including continuation sheets and relevant instructions. Identify whether the proposed payment is an expense, a fee for work or something else. An informal conversation about what everyone intended is not the same as checking the actual authority.
Do not add a new charging provision to a signed LPA yourself. The current LP12 guide explains that changes after signing require a new LPA. Where an attorney is already acting, or the donor's capacity is uncertain, obtain advice about the existing document and the proposed payment before money is taken. Keep disputed or unusual arrangements distinct from routine expense reimbursement.
Help preparing the arrangement
H.A. Law Advisory provides non-reserved LPA preparation support for suitable matters in England. We can help identify the questions to resolve, explain the agreed preparation service and record the donor's instructions within scope. Bring any existing LPA and proposed professional charging terms to the discussion.
Attorney disputes, uncertain authority for payments, specialist financial advice and Court of Protection work may require an appropriately qualified specialist. This article is general information, not approval of an individual payment. The aim at the planning stage is straightforward: make the distinction between fees and expenses clear before someone needs to rely on the document.
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