Acting as an attorney is a serious responsibility that often requires time, effort, and sometimes money. This naturally raises an important question: Can attorneys claim expenses or charge for care services they provide when they are also the power of attorney? In this article, we explore what expenses attorneys can claim, what the law says about charging for care costs they provide personally, and what recent legal developments like a key 2025 High Court case means for attorneys and donors.
What Expenses Can Attorneys Claim?
Generally speaking, attorneys under a Lasting Power of Attorney (LPA) are entitled to be reimbursed for reasonable expenses. This means any out-of-pocket costs directly related to managing the donor’s affairs can be claimed back from the donor’s money or assets.
Examples of allowable expenses include:
- Travel costs when visiting the donor or managing their property
- Postage and stationery for correspondence
- Fees for professional advice, such as from solicitors or accountants
- Charges for services that are necessary for the donor’s care or property management
The key word is “reasonable.” Expenses must be directly related to the attorney’s duties, necessary and properly documented. Attorneys should keep detailed records and receipts to justify their claims.
Can Attorneys Charge for Their Time?
One common misunderstanding is whether attorneys can charge for their time or effort. The general rule is that attorneys cannot charge for their time or labour. This is unless the LPA explicitly says they can or if they are professionals appointed to act and agreed fees in advance. For example, solicitors acting as attorneys can charge fees for their services if this is allowed under the LPA.
For family members or friends appointed as attorneys, the role is normally considered voluntary. They should not expect payment for the time spent managing the donor’s affairs.
Power of attorney for Business
This is why it is important to be realistic about the role, especially if you are expected to look after the donor’s business concerns. You must have discussions with the donor before they lose capacity about whether you should be paid for the role. Make sure you also consider a separate LPA for Business.
What About Care Costs When the Attorney Is Also the Care Provider?
A particularly tricky area arises when the attorney is also personally providing care to the donor. This situation is common as many attorneys are family members or friends who look after the donor at home. The question is: Can the attorney charge the donor for the care they provide?
The answer depends on several factors:
- Is charging for care permitted under the LPA?
If the LPA document explicitly allows the attorney to be paid for care services, then they may be able to charge. This is rare but can happen in some arrangements. - Is the attorney a professional care provider?
If the attorney is a registered care professional or runs a care business, charging for care services may be standard and agreed upon. - If the attorney is a family member providing care, can they charge?
Generally, family members who are attorneys and provide care cannot charge for this unless it is clearly authorised. The attorney must act in the donor’s best interests, and charging without clear authorisation could lead to disputes or legal challenges.
The Recent EWHC Case: Clarifying the Rules on Attorney Care Costs
A very recent High Court case in 2025 has provided important guidance on this issue. In the case, the court considered whether an attorney who was also a family member providing care could charge the donor for those care services.
Facts
From September 2017 until her death in April 2020, Bernadette the eldest daughter was Sheila’s principal carer. Bernadette says that her mother agreed with her that she should be compensated for giving that care. This gives rise to the claim in contract.
In addition, Bernadette made an alternative claim in ‘unjust enrichment’. This was on the basis that Sheila’s estate had been unjustly enriched at her expense because of the care that she supplied to her. In support of both claims, she says that her siblings had agreed. The agreement was that she should not only be reimbursed for her out of pocket expenses but also paid for the care that she supplied.
Not Theft
The matter is unfortunately complicated by what happened immediately before and after Sheila’s death. Bernadette says that she spoke to her brother by telephone before Sheila’s death. This was about the fact that she had so far not taken any money for looking after their mother. Her brother had apparently told her to “Just take it”. Her brother denies this.
After their mother’s death, however, Bernadette did take sums from their mother’s account, amounting in total to £100,000. Subsequently, she was prosecuted for theft. She was, however, acquitted after a jury trial at Bristol Crown Court. The parties have not since been reconciled. It is in these somewhat fraught circumstances that this claim was brought.
Successful Claim
Ultimately, the judge held that the woman who cared for her elderly mother in the last two and a half years of the latter’s life was successful in claiming against the estate for the value of the care she provided.
The judge in this case emphasised that:
- Attorneys must always act in the donor’s best interests and within the powers granted by the LPA.
- While attorneys can be reimbursed for reasonable expenses, charging for care services they personally provide is not automatically allowed.
- If the attorney wants to charge for care, the arrangement must be clearly authorised in the LPA or agreed upon separately with the donor.
- Transparency and clear records are essential to avoid conflicts or suspicions of impropriety.
- The court also highlighted that family members acting as attorneys are usually expected to provide care without additional payment, as this is often part of their personal relationship with the donor.
This case, however, underscores the delicate balance between respecting the donor’s needs, protecting their funds, and recognising the realities of care provided by family members who also act as attorneys.
For more details on the case see STEP: Daughter who cared for ageing mother wins EWHC claim for reimbursement from estate
Why Is This Important?
Understanding what expenses can be claimed and whether care costs can be charged is critical for both attorneys and donors. This is to avoid misunderstandings, financial disputes, or legal challenges.
For donors, clear communication and, where possible, clear terms in the LPA about expenses and payments can prevent conflicts. Questions for the Donor
For attorneys, knowing the limits on claims and the importance of keeping detailed records ensures that they act lawfully and maintain trust.
Practical Tips for Attorneys
- Keep detailed records: Save all receipts, invoices, and notes about expenses. Document travel, purchases, and any payments made on behalf of the donor.
- Check the LPA document: Understand what powers and permissions you have regarding expenses and charging for services.
- Be transparent: Inform family members or other interested parties about expenses and payments to avoid disputes.
- Seek legal advice if unsure: The law around attorney expenses and care charges can be complex, especially after the recent High Court decision. Getting professional guidance can save trouble later.
- Avoid charging for care unless authorised: If you are a family member providing care, don’t assume you can charge unless the LPA or donor explicitly allows it.
What If Disputes Arise?
If disputes happen over expenses or care payments, they can be investigated by the Office of the Public Guardian (OPG). Serious allegations of misuse of funds or overcharging can lead to court proceedings, removal of the attorney, or orders to repay money.
The 2025 EWHC case highlights the court’s willingness to scrutinise such matters carefully, especially when family members are involved. Acting openly and reasonably is the best way to avoid conflict.
Conclusion
Being an attorney under a Lasting Power of Attorney is an important role that often involves costs and commitments. Attorneys can claim reasonable expenses they incur while managing the donor’s affairs, such as travel and professional fees. However, charging for care services they personally provide is a sensitive issue and is generally only permitted when clearly authorised in the LPA or agreed with the donor.
The recent High Court case in 2025 has clarified these principles, reminding attorneys that acting in the donor’s best interests with transparency is paramount.
If you are an attorney, or thinking about appointing one, understanding these rules helps protect everyone involved and ensures the donor’s interests are safeguarded.
