Who Is the Donor in a Lasting Power of Attorney?
When it comes to planning for the future, many people are familiar with the idea of making a will. But fewer people understand the importance of a Lasting Power of Attorney, or LPA, and the roles involved. One term that often confuses people is ‘donor’. So, who exactly is the donor in a Lasting Power of Attorney, and why does their role matter so much? In this blog, we’ll explain what the term means, what responsibilities come with it, and why getting this right is vital for you and your family’s peace of mind.
Understanding the Basics: What Is a Lasting Power of Attorney?
Before we look at the donor’s role, it’s helpful to be clear on what a Lasting Power of Attorney actually is. In England and Wales, an LPA is a legal document that lets you appoint someone you trust to make decisions for you if you lose the mental capacity to make them yourself. There are two main types of LPA: one covers decisions about your property and finances, and the other covers your health and welfare. You can choose to have both or just one, depending on your circumstances. The whole idea behind an LPA is to put you in control, while you still have the mental capacity to do so. This means you choose who will act for you and under what conditions. Without an LPA in place, your loved ones may need to apply to the Court of Protection if you can’t make decisions yourself, which can be stressful, expensive and time-consuming.
Who Is the Donor?
So, let’s get to the heart of the matter: who is the donor? Simply put, the donor is the person who makes the LPA — in other words, the person whose affairs are being protected. If you’re setting up an LPA for yourself, you are the donor. You are the one giving (or ‘donating’) the legal power to someone else, who is called your attorney. It can feel a bit strange to think of yourself as a ‘donor’ because the term often makes people think of organ donation or charitable giving. But in legal terms, it simply means you are giving your chosen person the authority to act on your behalf. You remain in charge while you have the capacity to make decisions yourself, and your attorney can only step in when you genuinely can’t make those decisions on your own.
The Donor’s Rights and Responsibilities
Being a donor comes with important rights and responsibilities. First and foremost, you must have the mental capacity to make an LPA when you sign it. This means you must understand what an LPA is, what powers you are giving away, who you’re giving them to, and what could happen in the future. You also have the right to place restrictions or guidance within your LPA. For example, if you set up a property and financial affairs LPA, you could specify that your attorney should not sell your home unless it becomes absolutely necessary to pay for care. Or you might include guidance about your health and welfare, such as the type of medical treatments you would or would not want. As the donor, you decide who your attorneys will be. You can choose more than one and decide whether they should act jointly (together at all times) or jointly and severally (together or separately). It’s important to choose people you trust completely because they will have significant power over your affairs.
How to Choose Your Attorneys Wisely
One of the biggest responsibilities a donor has is choosing the right attorneys. This isn’t a decision to rush. These are the people who may one day have to make life-changing decisions for you. They could be family members, close friends, or even a professional such as a solicitor. When choosing attorneys, think about their trustworthiness, financial sense, ability to handle stress, and how well they understand your wishes and values. You might love someone dearly but recognise they’d find financial matters overwhelming. In that case, you might choose someone else for the financial LPA and keep your loved one as an attorney for health and welfare. It’s also sensible to talk openly with your chosen attorneys about what you want. Have those conversations now, while you can, so everyone is clear about your wishes. This can help avoid confusion or disputes in the future.
Who Else Is Involved in the Process?
In addition to you, the donor, and your chosen attorneys, there are other key roles in the LPA process. One important person is the certificate provider. This is an independent individual who signs the LPA to confirm that you understand what you’re doing and that no one is forcing you to make it. They could be a professional, like a GP or solicitor, or someone who has known you well for at least two years. Some people also choose to name people to be notified when they register their LPA. This step is optional but adds an extra safeguard, giving others the chance to raise concerns if they feel you’re being pressured or there is something wrong. Finally, the Office of the Public Guardian (OPG) is the government body that registers your LPA. Once it’s registered, your attorneys can use it if and when it’s needed.
Common Concerns Donors Have
Many people worry about ‘giving up control’ when they set up a Lasting Power of Attorney. But the reality is, you stay in control for as long as you’re able to make your own decisions. Your attorneys can only step in when you lose capacity to do so. Some donors also worry about their attorneys misusing their powers. That’s why it’s so important to choose trustworthy people and make sure they understand their legal duties. Attorneys must always act in your best interests and follow the principles of the Mental Capacity Act 2005. If they fail to do so, the OPG can investigate and take action if necessary. If you’re ever unsure, getting advice from a local specialist can help ease your mind.
What Happens If You Change Your Mind?
As the donor, you have the right to change or cancel your LPA as long as you still have mental capacity. For example, you might decide to replace an attorney if circumstances change or if a relationship breaks down. You can do this by making a ‘deed of revocation’ and sending it to the Office of the Public Guardian along with your original LPA. If you want to make significant changes, you may need to make a new LPA altogether. This is why it’s so important to keep your LPA under review. If you move house, your finances change significantly, or your family situation shifts — say, through marriage or divorce — check that your LPA still reflects your wishes.
Why the Role of the Donor Is So Important
The donor is the heart of the entire LPA process. Without a donor, there is no LPA. You hold all the power at the beginning — you decide whether to make one, who to choose, what powers they will have, and any conditions you wish to include. By setting up an LPA as the donor, you’re giving a huge gift to your future self and your family. You’re saving your loved ones from potential legal battles and financial stress if the unexpected happens. You’re also making sure your wishes will be known and respected when you can’t speak for yourself. It’s one of the kindest, most practical steps you can take, whether you’re young and healthy or in your later years. Life has a way of surprising us, so having this legal protection in place brings genuine peace of mind.
Getting Local Help and Advice
At Complete Estate Protection, we’re based in the North East and have years of experience helping people across Stockton, Ingleby Barwick, and the surrounding areas to make sensible plans for their future. We understand how confusing legal documents can feel and we’re here to make the process simple, friendly, and jargon-free. We’ll sit down with you, either in person or over the phone, and explain your options clearly. We can help you decide what guidance or restrictions to include and ensure the paperwork is completed correctly first time. Mistakes can lead to delays or even your LPA being rejected, so getting it right really does matter. Being local means we’re never far away if you have questions in the future or need to review your documents. We believe every donor deserves to feel confident, respected, and supported through this process.
Final Thoughts: Taking Control of Your Future
So, who is the donor in a Lasting Power of Attorney? It’s you — the person whose wishes and wellbeing are being protected. As the donor, you have the power to choose who will speak for you when you can’t speak for yourself. You decide how much authority to give and what conditions to set. By understanding your role and taking action now, you’re giving yourself and your family the gift of security and peace of mind. You’re saying, “I’ve thought ahead — and I trust you to take care of what matters most to me.” If you’re ready to talk about setting up an LPA, Complete Estate Protection is here to help. We’ll guide you every step of the way, so you can make decisions with confidence and protect what truly matters.
Contact us today to start your journey toward securing your legacy.
