
A practical Section 4 checklist for attorneys making financial or care decisions when the donor lacks capacity.
When a donor lacks capacity for a specific decision, attorneys must apply the statutory best-interests framework. This is a legal test, not personal preference.
For material decisions, document each item:
Do not assume global incapacity. A donor may lack capacity for one decision but retain it for another.
Where practical and appropriate, consult relevant people. Consultation is not a veto system, but it is central to lawful reasoning.
If two options are workable, prefer the one that interferes less with rights and autonomy.
If challenged later, strong notes are your strongest protection. Notes should show process, not just outcome.

How a health and care LPA works, when attorneys can make decisions, and how to handle medical and care choices lawfully.
LP1H Health and Care Decisions

What the financial LPA covers, when it can be used, and the duties attorneys must follow when managing money and property.
LP1F Financial Decisions

The record-keeping standard attorneys should maintain for transactions, major decisions, reimbursements, and audit resilience.
Attorney Duties and Recordkeeping
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