Choosing an attorney for a Lasting Power of Attorney (LPA) is one of the most important decisions you can make when planning for the future.
An LPA allows you to appoint people you trust to make decisions for you if you are unable to make those decisions yourself. But the document is only as effective as the people you choose and the instructions you put in place.
Many people assume that their spouse, adult child or closest relative will automatically be able to deal with their affairs if something happens to them. This is not always the case. Without a valid Lasting Power of Attorney, your family may not have the legal authority to make important financial, property, health or care decisions on your behalf.
This guide explains how to choose attorneys, why replacement attorneys are important, and the common mistakes to avoid when arranging an LPA.
If you would like tailored advice, find out more about our Lasting Power of Attorney service or book a free consultation.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that enables you to appoint one or more people, known as attorneys, to make decisions for you. You can read the official GOV.UK guidance on Powers of Attorney for further information.
In England and Wales, there are two main types of LPA:
Property and Financial Affairs Lasting Power of Attorney
This allows your attorneys to deal with matters such as:
- Managing bank accounts and savings
- Paying bills and household expenses
- Dealing with benefits or pensions
- Managing investments
- Buying or selling property, where appropriate
Health and Welfare Lasting Power of Attorney
This allows your attorneys to make decisions about your personal welfare if you cannot make those decisions yourself. This can include:
- Your day-to-day care
- Medical treatment, speaking to GP’s or the Hospital.
- Where you live?
- Care-home arrangements or arranging in home carers.
- General Communication with District Nurses, Social Services, Pharmacist or Therapist.
- Life-sustaining treatment, if you choose to give your attorneys this authority
A Will takes effect after your death. An LPA is designed to protect you during your lifetime if you lose the ability to make decisions for yourself.
Choosing a Lasting Power of Attorney: Who Can You Appoint?
Your attorney must be someone you trust. They must be at least 18 years old and have the ability to make decisions themselves.
For a Property and Financial Affairs LPA, an attorney must not be bankrupt or subject to a Debt Relief Order.
There is no single “right” choice for everyone. Your attorney could be:
- Your spouse, civil partner or long-term partner
- An adult child
- Another family member
- A close friend
- A professional adviser, in some circumstances if you have no family
The key point is that they must be reliable, capable and willing to take on the responsibility.
What Should You Consider Before Choosing an LPA Attorney?
Choosing an LPA attorney involves more than picking the person closest to you. Before appointing someone, think beyond who is closest to you. Being a family member does not automatically mean someone is the best person for the role.
Trust and integrity
An attorney may have access to sensitive personal information and may need to make important financial or care decisions. You should be confident they will always act in your best interests.
Ability to manage practical tasks
For a Property and Financial Affairs LPA, consider whether they are organised and comfortable dealing with money, paperwork, banks, bills and property matters.
For a Health and Welfare LPA, consider whether they can communicate clearly with medical professionals, doctors, district nurses, social services, rapid response, the pharmacist and other care providers, plus understand your wishes and make difficult decisions calmly.
Availability
An attorney should be able to give the role the time and attention it may require. Someone who lives far away, has significant personal commitments or is in poor health may not be the most practical choice on their own.
Family relationships
It is important to think realistically about whether your chosen attorneys can work together. If there is a history of conflict, disagreement or poor communication, appointing those people jointly could create difficulties later.
Their willingness to act
Never assume someone will be happy to act as your attorney. Speak to them first, and make sure they understand the official duties and responsibilities of an attorney before agreeing to appoint them.
How Many Attorneys Can You Appoint?
You can appoint more than one attorney. For many people, appointing two attorneys provides reassurance and reduces the pressure on one person.
You can choose how your attorneys make decisions.
Jointly
Attorneys must make every decision together.
This can provide an extra level of oversight, but it can also be less flexible. If one attorney is unavailable, unwell or unable to act, decisions may be delayed.
Jointly and Severally
Attorneys can make decisions together or independently.
This is often more practical for families because it allows attorneys to act when needed, while still enabling them to consult each other on major decisions.
Jointly for Some Decisions, Jointly and Severally for Others
You may be able to require attorneys to act together for specific major decisions while allowing them to act independently for routine matters.
This can be useful, but the wording must be clear. Complicated or unclear instructions can cause practical problems when the LPA is used.
Why Should You Appoint Replacement Attorneys?
A replacement attorney is someone who can step in if an original attorney can no longer act.
For example, an original attorney may:
- Die
- Lose mental capacity
- Become seriously unwell
- Decide they no longer wish to act
- Move abroad or become difficult to contact
- Become unsuitable because of changes in their circumstances
Without replacement attorneys, your LPA may become less effective—or in some situations may no longer work as intended—if an appointed attorney cannot continue.
Appointing replacements gives your plan more resilience. It can also avoid the need for unnecessary delays or future legal applications if your original attorney is unavailable.
How Many Replacement Attorneys Should You Choose?
There is no fixed answer, but it is sensible to consider at least one replacement attorney.
If you appoint two original attorneys, you may want to appoint one or two replacements, particularly if you expect the LPA to remain in place for many years.
Choose replacement attorneys with the same care as your original attorneys. They may never need to act, but if they do, they could be making important decisions at a difficult time.
Should You Choose Family Members as Attorneys?
Many people appoint close family members, and this can work very well. Adult children are commonly chosen, particularly where they already help with practical matters.
However, it is important to consider each family’s individual circumstances.
Questions to ask include:
- Do my children get on well enough to make decisions together?
- Does one person have more experience with financial or administrative matters?
- Would appointing one child create tension with others?
- Would a spouse or partner be able to manage alone if they became unwell themselves?
- Is there someone who understands my values and wishes particularly well?
You do not have to appoint every child simply because you have more than one. The right decision is the one that is most likely to protect your interests and work in practice.
Can You Appoint Different Attorneys for Different LPAs?
Yes. You can appoint different people for your Property and Financial Affairs LPA and your Health and Welfare LPA.
For example, one person may be particularly organised and confident with financial matters, while another may be better placed to understand your care preferences and communicate with doctors or care providers.
This can be a sensible approach, provided you choose people who understand their responsibilities and can act in your best interests.
Common Mistakes When Choosing Lasting Power of Attorneys
Appointing someone without discussing it first
An attorney role can involve significant responsibility. Always speak to the person before appointing them, rather than assuming they will be willing or able to act.
Choosing someone purely because they are family
Trust and family relationships matter, but so do reliability, practical ability and communication. The person you choose should be suitable for the responsibilities involved.
Appointing attorneys who are unlikely to work well together
Joint appointments can be difficult if attorneys disagree or cannot communicate. This may result in delays when decisions need to be made.
Not appointing replacement attorneys
This is one of the most common oversights. Replacements can help ensure your LPA remains workable if an original attorney can no longer act.
Creating instructions that are too vague or too restrictive
Your LPA can include preferences and instructions for your attorneys. However, unclear wording can make it harder for attorneys, banks, care providers or other organisations to understand what they are allowed to do.
Arranging only one type of LPA
A Property and Financial Affairs LPA and a Health and Welfare LPA cover different areas of your life. Many people benefit from considering both as part of a wider estate-planning review.
Waiting until it is too late
You must have the mental capacity to make an LPA. If you wait until capacity is already in question, arranging one may no longer be possible.
What Is the Difference Between a Preference and an Instruction?
When creating an LPA, you can include preferences and instructions.
A preference is guidance for your attorneys. For example, you may say that you would prefer to remain living at home for as long as it is safe and practical.
An instruction is something your attorneys must follow. For example, you may require them to consult a particular person before making certain decisions.
Because instructions are legally binding, they must be carefully considered and clearly written. An overly restrictive instruction could unintentionally prevent your attorney from acting when necessary.
When Should You Review Your LPA?
It is sensible to review your LPA when your circumstances change, including if:
- An attorney dies, becomes unwell or no longer wishes to act
- You separate, divorce or enter a new relationship
- You have changes in your family relationships
- You move home or your finances become more complex
- You want to change how attorneys make decisions
- Your wishes about care, medical treatment or finances have changed
It is also worth reviewing your LPA alongside your Will. Your Will and LPAs serve different purposes, but together they form an important part of your wider estate plan.
For related guidance, read: When Should I Update My Will in the UK? 7 Life Events Checklist.
Get Help Choosing the Right Attorneys for Your LPA
Choosing Lasting Power of Attorneys is a personal decision, but you do not have to make it without guidance.
At Bispham Legal Services, we can help you understand the choices available, consider whether you need one or both types of LPA, appoint suitable replacement attorneys and ensure your documents reflect your wishes clearly.
To discuss your circumstances, book a free consultation or explore our Lasting Power of Attorney service.
