Being appointed as an attorney under a Lasting Power of Attorney (LPA) is a position of trust and responsibility. For Muslims in England and Wales, acting as an attorney involves not only legal duties under English law, but also ethical and religious considerations when making decisions for another person.
Many people agree to act as an attorney for a parent, spouse, or relative without fully understanding what the role involves. This can lead to stress, mistakes, and even personal liability.
This guide explains what all Muslim attorneys should know about Lasting Powers of Attorney, including legal duties, practical responsibilities, and how to act in a way that respects both English law and Islamic values.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows one person (the donor) to appoint another person (the attorney) to make decisions on their behalf.
There are two types of LPA:
- Property and Financial Affairs LPA
- Health and Welfare LPA
An attorney’s authority depends on which type of LPA they are appointed under.
When Does an Attorney’s Role Begin?
This depends on the type of LPA.
For a Property and Financial Affairs LPA:
- The donor may allow it to be used while they still have capacity
For a Health and Welfare LPA:
- The attorney can only act if the donor lacks capacity
Attorneys must always check the terms of the LPA carefully.
The Core Legal Duties of an Attorney
Under English law, attorneys must:
- Act in the donor’s best interests
- Follow the principles of the Mental Capacity Act
- Act honestly and with reasonable care
- Avoid conflicts of interest
Failure to follow these duties can result in serious consequences.
Acting in the Donor’s Best Interests
Best interests are not about what the attorney thinks is best.
Attorneys must consider:
- The donor’s past and present wishes
- The donor’s beliefs and values
- The views of family members where appropriate
For Muslims, this often includes religious and cultural values.
Property and Financial Affairs: What Attorneys Should Know
Attorneys managing finances may be responsible for:
- Paying bills and household expenses
- Managing bank accounts
- Handling benefits and pensions
- Buying or selling property
Attorneys must keep finances separate and keep proper records.
Health and Welfare Decisions
Health and Welfare attorneys may make decisions about:
- Medical treatment
- Care arrangements
- Living arrangements
These decisions can be emotionally challenging.
Life-Sustaining Treatment Decisions
Only attorneys specifically authorised can make decisions about life-sustaining treatment.
Muslim attorneys should:
- Understand the donor’s wishes
- Seek medical advice
- Consider Islamic perspectives where appropriate
Clear communication is essential.
Islamic Ethical Considerations for Attorneys
From an Islamic perspective, acting as an attorney is an amanah (trust).
This involves:
- Honesty and transparency
- Protecting the donor from harm
- Avoiding personal benefit
These principles align closely with English legal duties.
Keeping Records and Accounts
Attorneys must keep accurate records of:
- Income and expenditure
- Decisions made
- Reasons for key decisions
Poor record-keeping is a common cause of problems.
Gifts and Restrictions on Attorneys
Attorneys have very limited authority to make gifts.
In most cases:
- Gifts must be modest and customary
- Large gifts require court approval
Misuse of gifting powers can lead to investigation.
Dealing With Family Disagreements
Attorneys may face pressure from family members.
Attorneys should:
- Focus on the donor’s best interests
- Document decisions carefully
- Seek professional advice if disputes arise
Personal Liability and Risks
Attorneys can be held personally liable if they:
- Misuse funds
- Fail to act properly
- Ignore their legal duties
This is why understanding the role is essential.
When Should an Attorney Seek Advice?
Attorneys should seek legal advice if:
- They are unsure about their powers
- Significant assets are involved
- There are family disputes
Professional guidance can prevent serious mistakes.
Common Mistakes Muslim Attorneys Make
Assuming Family Authority
Being a close relative does not remove legal duties.
Mixing Personal and Donor Finances
This is strictly prohibited.
Ignoring the LPA Document
Attorneys must follow the document exactly.
Working With Other Attorneys
If multiple attorneys are appointed:
- They must act according to the instructions
- Disagreements must be managed carefully
Failure to cooperate can delay decisions.
The Importance of Professional Support
Acting as an attorney can be demanding.
Professional advice can help ensure:
- Compliance with the law
- Protection of the donor’s interests
- Peace of mind for the attorney
How We Can Help
Our solicitors regularly advise attorneys acting under Lasting Powers of Attorney.
We can assist with:
- Explaining attorney duties and powers
- Advising on difficult decisions
- Resolving disputes
- Ensuring compliance with English law
If you have been appointed as an attorney and are unsure about your responsibilities, we strongly recommend seeking legal advice.
Understanding your role properly helps you fulfil this responsibility with confidence, integrity, and care.
