Choosing Your Attorneys

Why Your Choice of Attorney Matters

Your attorneys will have significant power over your life and finances. Choosing the right people is one of the most important decisions you will make when creating your Lasting Powers of Attorney.

Who Can Be an Attorney?

To be an attorney, a person must:

Be 18 or over
Have mental capacity to make decisions
Not be bankrupt (for Property and Financial Affairs LPA)

There are no other formal requirements. Attorneys do not need legal or financial qualifications.

Common Choices for Attorneys

Spouse or partner: Often the natural first choice
Adult children: May know you well and have your interests at heart
Siblings: Can be a good choice, especially if similar age
Close friends: May be more impartial than family
Professional advisers: Solicitors or accountants (usually charge fees)

Qualities to Look For

For Both Types of LPA

Trustworthiness: Absolute honesty and integrity
Reliability: Will be available when needed
Good judgement: Can make sensible decisions under pressure
Knowledge of you: Understands your values and preferences
Willingness: Genuinely wants to take on the responsibility

For Property and Financial Affairs LPA

Financial competence and organisational skills
Attention to detail and record-keeping ability
Understanding of your financial affairs
Time to manage your finances properly

For Health and Welfare LPA

Emotional resilience to make difficult decisions
Willingness to advocate strongly on your behalf
Ability to work with healthcare professionals
Lives close enough to be involved in your care

How Many Attorneys Should You Appoint?

You can appoint one or more attorneys. Consider:

One Attorney

Pros: Simple, quick decisions, no disagreements
Cons: No backup if they are unavailable, no oversight

Multiple Attorneys

Pros: Shared responsibility, oversight, backup available
Cons: May have disagreements, more complex administration

How Should Multiple Attorneys Act?

If you appoint more than one attorney, you must decide how they should work together:

Jointly

All attorneys must agree on every decision.

Pros: Maximum protection, all decisions are checked
Cons: Slow for routine matters, problems if one attorney is unavailable

Jointly and Severally

Attorneys can act together or independently.

Pros: Flexible, efficient, works if one is unavailable
Cons: Less oversight, one attorney could act alone

Jointly for Some Decisions, Severally for Others

You can specify which decisions require all attorneys (e.g., selling property) and which can be made individually (e.g., paying bills).

Replacement Attorneys

We strongly recommend naming replacement attorneys. They step in if your original attorneys:

Die
Lose capacity themselves
Resign or become unwilling to act
Become bankrupt (for Property and Financial LPA)
Are divorced from you (if you specified this ends their appointment)

Different Attorneys for Different LPAs

You can (and often should) choose different attorneys for each type of LPA. For example:

Property and Financial: Your financially astute adult child
Health and Welfare: Your spouse who knows your care preferences

Things to Discuss with Potential Attorneys

Before naming someone as an attorney, discuss:

Whether they are willing to take on the role
Your values, beliefs, and preferences
Your expectations for how they should act
Any specific wishes or instructions
How they should work with other attorneys
Where your important documents are kept

People to Avoid as Attorneys

Consider carefully before appointing:

Someone who lives far away (especially for Health and Welfare)
Someone with financial problems (for Property and Financial)
Someone you do not fully trust
Someone who is much older than you
Someone likely to disagree with your other attorneys
Someone who may benefit significantly from your incapacity

Remember: You Can Change Your Mind

While you have mental capacity, you can revoke your LPA and create a new one with different attorneys. Review your choice regularly and update if circumstances change.