Appointing Attorneys in a Lasting Power of Attorney

3 min read

Author: Chris Watts, MSWW, CeMAP — Fern Wills & LPAs

Last verified: 25 August 2025 (England & Wales)

Quick-read summary

Choosing the right attorneys is the single most important part of setting up a Lasting Power of Attorney (LPA). An attorney is the person (or people) you appoint to step in and make decisions for you if needed. They might help with your finances, deal with paperwork, or make health and welfare choices if you can’t.It’s a role that requires trust, responsibility, and a clear understanding of your wishes. Many people delay choosing their attorneys, but leaving it too late can mean the Court of Protection makes the choice for you instead.The good news is that you have complete control: you decide who acts, how they act, and whether replacements are appointed. This article explains the key considerations, the safeguards in place, and practical examples of how attorneys actually work in real life.

Practical checklist: what to decide when choosing attorneys

Choose people you trust completely to put your best interests first.
Ensure they are aged 18 or over and, for Property & Financial Affairs LPAs, not bankrupt.
Consider their skills and availability – do they live nearby, are they organised, and can they cope with responsibility?
Decide how many attorneys you want: one or more than one.
Decide whether they act jointly (always together), jointly and severally (together or separately), or a mix, depending on the decision.
Appoint replacement attorneys in case your first choices cannot act.
Be clear about your preferences or instructions – for example, requiring agreement for large financial decisions.

What to consider

Who can act as an attorney?

Any adult with mental capacity can be appointed. They do not need to be a family member, but they must be willing, able, and trustworthy. For Property & Financial Affairs LPAs, an attorney cannot be an undischarged bankrupt.

How many attorneys should I have?

You can appoint a single attorney, but many people choose at least two. This provides a safeguard, particularly if they act jointly and severally (so either can act, but both remain accountable).

Should I appoint replacements?

Yes. Without replacements, your LPA could fail if your chosen attorneys die, lose capacity, or are otherwise unable to act. Replacements ensure continuity.

What safeguards exist?

Attorneys must:

Act in your best interests
Follow the Mental Capacity Act 2005 and Code of Practice
Keep proper records of financial decisions
Avoid conflicts of interest
Respect any instructions or preferences you set out in the LPA

The Office of the Public Guardian (OPG) oversees attorneys, and misuse of powers can lead to investigation, removal, and even criminal prosecution.

How this works in real life

Mr Davis’ careful choice: He appointed both his sons jointly and severally. When one son was abroad, the other could still manage bills, ensuring continuity without delay.
Mrs Cole’s forward planning: She appointed her daughter as primary attorney and her neighbour (a retired accountant) as replacement. When her daughter had to step back due to illness, the replacement was able to act immediately.
Mr Singh’s family safeguard: Unsure about giving his eldest son sole authority, he appointed all three children to act jointly for large transactions but jointly and severally for day-to-day matters. This provided checks and balances without unnecessary bureaucracy.

Frequently asked questions

1. Who can I choose as my attorney?

Anyone over 18 with mental capacity. For Property & Financial Affairs LPAs, they must not be bankrupt. They do not have to be family – trusted friends or professionals are equally valid choices.

2. Can I appoint more than one attorney?

Yes. You can appoint multiple attorneys and decide how they should act (jointly, jointly and severally, or a mix depending on the decision).

3. What happens if my attorney cannot act?

If you have not appointed replacements, your LPA may stop working. Appointing replacement attorneys avoids the need for court intervention.

4. When do attorneys start acting?

Property & Financial Affairs LPA: once registered, and if you allow it, while you still have capacity.
Health & Welfare LPA: only when you lack the capacity to make the decision yourself.

5. What are the duties of an attorney?

They must act in your best interests, keep your money separate, follow your instructions, and comply with the Mental Capacity Act 2005.

Optional technical notes (for those who want the detail…)

Jointly vs jointly and severally:
- Jointly means all attorneys must agree on every decision. If one attorney can’t act, the LPA may fail.
- Jointly and severally means any attorney can act alone, but they must keep each other informed. This is the most flexible and commonly recommended option.
Replacements: The LPA form allows you to specify who should step in if one or more attorneys can no longer act. This is often overlooked but critical for continuity.
Mental Capacity Act 2005: The law requires attorneys to assume capacity unless proven otherwise, make decisions in the least restrictive way, and consult the donor wherever possible.

Sources & further reading:

Next steps

If you are thinking about creating an LPA, your first priority is choosing the right attorneys. It is not a decision to put off: you must make the appointment while you have capacity, and delays can leave your family powerless.

At Fern Wills & LPAs, we guide you through every step:

Helping you decide who to appoint
Structuring your LPA with safeguards
Ensuring replacements are in place
Handling the registration process with the OPG

Contact us today to discuss your LPA and secure the right attorneys for your future.

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