A power of attorney should protect your voice, not replace it

Can a health and welfare attorney decide everything for you? No. In England and Wales, they can make decisions covered by a registered lasting power of attorney only when you lack capacity for the particular decision. They must act in your best interests and involve you as far as possible. A concern about how an attorney acts can be reported to the Office of the Public Guardian. Scotland and Northern Ireland have different arrangements, explained below.

The reports about Sir Ranulph Fiennes are a reminder of why these safeguards matter. On 27 September, Metro reported that his stepson was fundraising to challenge his mother's power of attorney because of concern about the explorer's care and contact with people close to him. The Guardian reported the campaign the previous day. The claims about his circumstances require proper investigation, not judgment from a headline. The question for everyone else is simpler: if someone had to make care decisions for you, would they know what matters most to you, and who could speak up if things seemed wrong?

Choose someone who will listen

An attorney is not merely the person who gets forms signed or deals with a care provider. For an England and Wales health and welfare LPA, decisions can include daily routine, medical care and where you live. The attorney can only decide on your behalf when you lack capacity for that decision. Having a diagnosis, needing support or disagreeing with family does not automatically mean you lack capacity for every choice. The starting point is that you can decide for yourself, with help where needed; capacity relates to a particular decision at a particular time.

Think about how a prospective attorney handles disagreement. Will they ask what you want, rather than assume? Will they speak to those who know you, including friends and care staff where appropriate? Will they keep your life larger than a care plan? That could mean preserving visits, familiar routines, hobbies, faith, privacy or time outside. An attorney may need to make difficult choices, but the role is about your interests, not their convenience.

Write down the people and routines that matter

Have a conversation while you can. Tell your proposed attorney whom you want kept in touch, how you prefer to spend an ordinary day, any important beliefs, and what would make a care move easier or harder. Record those wishes in a separate, dated note and review it when life changes. Make sure the right people know where it is. A note is useful evidence of your wishes, not a guarantee that every preference can always be followed; care and safety circumstances can change.

Consider whether one attorney is enough, whether more than one should be appointed, and whether a replacement would be sensible if your first choice cannot act. Discuss the arrangement with each person before naming them. Keep the distinction between care decisions and money clear: in England and Wales, health and welfare and property and financial affairs are separate types of LPA. A will does not appoint a health and welfare attorney. Planning is about protecting your life as well as deciding what happens after it.

Know the challenge route

If you are worried about an attorney, be specific. Note the decisions, dates, people involved and what the person themselves has said, if known. In England and Wales, anyone can report concerns about an attorney to the Office of the Public Guardian. The OPG explains that it can investigate certain concerns when the person cannot deal with the issue themselves. It may seek information, take action or apply to the Court of Protection. A report is not a finding of wrongdoing. If someone faces immediate danger, contact emergency services rather than wait for an investigation.

The rules differ across the UK

England and Wales: The registered health and welfare LPA covers specified care decisions only when the donor lacks capacity for them. The property and financial affairs LPA is distinct. Concerns about an attorney can be reported to the OPG. Restrictions on a person's liberty in a care setting raise separate legal safeguards; an LPA is not, by itself, permission to dispense with those safeguards.

Scotland: A continuing power of attorney covers property and finances; a welfare power covers personal welfare and can be exercised only when the person has lost capacity for the relevant decision. These powers must be registered with the Office of the Public Guardian (Scotland). Its remit for concerns about continuing attorneys is financial. For concerns about a welfare attorney, Scottish government guidance points to the local authority social work department in the first instance.

Northern Ireland: An enduring power of attorney deals with property and financial affairs; do not assume it grants the same health and welfare powers as an England and Wales LPA. The Office of Care and Protection administers registration when the donor becomes incapable of managing affairs, and the court can question an attorney's conduct. For suspected abuse, neglect or exploitation of an adult, nidirect directs people to the local Health and Social Care Trust's Adult Protection Gateway Service, or the police if there is immediate danger.

Questions people ask

Does having an attorney mean I lose my say? No. In England and Wales, a health and welfare attorney acts only where you lack capacity for the decision; you should still be involved as much as possible. Scottish welfare powers likewise depend on loss of capacity for the decision. Ask which jurisdiction and document apply to you.

Can an attorney stop friends visiting? There is no automatic blanket authority to isolate someone simply because an LPA exists. A person's own wishes, capacity, safety and the relevant care arrangements all matter. If you are concerned about a particular restriction, ask the care provider how the decision was made and use the appropriate safeguarding route.

Is a will enough? No. A will deals with your estate after death. A power of attorney plans for decisions during your lifetime. Review both as circumstances change.

A good plan gives your chosen people the tools to help without losing sight of the person they are helping. If you want to review who would act for you and how your wishes would be recorded, speak to Your Wills Team about your planning options.

Sources and review date

News peg: Metro, 27 September 2026 (reports the stepson's challenge and attributes care claims): https://metro.co.uk/2026/09/27/ranulph-fiennes-stepson-breaks-silence-82-year-old-goes-missing-29656358/

The Guardian, 26 September 2026 (reports the stepson's fundraising campaign and attributes the care-home claim to the Telegraph): https://www.theguardian.com/uk-news/2026/sep/26/ranulph-fiennes-explorer-stepson-launches-crowdfunder

These are allegations and calls for investigation, not findings that his wife abused an LPA or unlawfully isolated him.

England & Wales: https://www.gov.uk/power-of-attorney ; https://www.gov.uk/manage-lasting-power-attorney/health-welfare ; https://www.gov.uk/report-concern-about-attorney-deputy-guardian ; https://www.gov.uk/government/publications/making-decisions-who-decides-when-you-cant/making-decisions-about-your-health-welfare-or-finances

Scotland: https://www.mygov.scot/power-of-attorney ; https://www.gov.scot/publications/code-practice-continuing-welfare-attorneys-second-edition-updated-february-2018/pages/6/ ; https://www.publicguardian-scotland.gov.uk/power-of-attorney/registration/concern-about-continuing-attorneys

Northern Ireland: https://www.nidirect.gov.uk/articles/managing-your-affairs-and-enduring-power-attorney ; https://www.nidirect.gov.uk/articles/who-contact-if-you-suspect-abuse-exploitation-or-neglect

Reviewed 27 September 2026.