A Lasting Power of Attorney (LPA) allows you to appoint people you trust to make decisions on your behalf if you become unable to make them yourself. Choosing the right attorneys is one of the most important decisions in the LPA process. These are the people who may one day manage your finances or make decisions about your health and care.
In this guide
What does an attorney do?
The role of an attorney depends on which type of LPA you create:
- Property and Financial Affairs LPA: Attorneys manage your bank accounts, pay bills, handle investments, deal with property, and make other financial decisions
- Health and Welfare LPA: Attorneys make decisions about your medical treatment, care arrangements, where you live, and daily routine
You can appoint the same people for both LPAs or choose different attorneys for each.
Who can be an attorney?
Any adult (18 or over) who has mental capacity can be your attorney. There is no requirement for legal or financial qualifications. Common choices include:
- Spouse or partner
- Adult children
- Siblings or other family members
- Close friends
- Professionals such as solicitors or accountants
Key considerations when choosing attorneys
Trust
Trust is the most fundamental requirement. Your attorneys will have significant power over your life. You must have complete confidence that they will act in your best interests, not their own.
Competence
For a Property and Financial Affairs LPA, consider whether your chosen attorneys are comfortable managing money. They do not need to be financial experts, but should be organised and capable of handling paperwork, communicating with institutions, and keeping records.
For a Health and Welfare LPA, consider whether they understand your values and wishes, and can advocate for you in difficult situations.
Availability
Attorneys need to be available when needed. Consider:
- Do they live nearby or at a distance?
- Do they have demanding work or family commitments?
- Are they likely to be able to act for years if needed?
- Are they in good health themselves?
Family dynamics
Think carefully about family relationships. Appointing one child but not another can cause resentment. Appointing siblings who do not get along can lead to conflict. Sometimes appointing a neutral third party helps avoid these problems.
How many attorneys?
You can appoint one attorney or several. Consider:
- One attorney: Simpler and avoids potential disagreements, but no backup if they are unavailable
- Multiple attorneys: Shares the burden and provides oversight, but decisions may take longer
Many families across Kent, including in Tonbridge and Sevenoaks, choose to appoint two or three attorneys.
Replacement attorneys
You can name replacement attorneys who step in if your original attorneys can no longer act. This is important because:
- Attorneys may die or become incapacitated themselves
- Circumstances may change (divorce, moving abroad)
- An attorney may resign
Without replacements, you may need to make a new LPA if your original attorneys cannot act.
Questions to ask potential attorneys
Before appointing someone, discuss:
- Are they willing to take on this responsibility?
- Do they understand what the role involves?
- Are they comfortable making difficult decisions?
- Can they work with any other attorneys you plan to appoint?
- Do they understand your values and wishes?
Professional attorneys
You can appoint professionals such as solicitors or accountants as attorneys. This may be suitable if:
- Your finances are complex
- There are no suitable family members
- Family dynamics make family appointments problematic
- You want professional expertise and independence
Professional attorneys charge for their services, which are paid from your assets.
Key takeaways
Choosing attorneys requires careful thought about trust, competence, availability, and family dynamics. Talk to potential attorneys before appointing them to ensure they understand and accept the responsibility. Consider naming replacement attorneys to provide continuity. Professional help can guide you through these decisions.
Frequently Asked Questions
What does an attorney do under an LPA?
An attorney makes decisions on your behalf when you cannot make them yourself. For a Property and Financial Affairs LPA, this includes managing bank accounts, paying bills, and handling investments. For a Health and Welfare LPA, it includes decisions about medical treatment and care.
Who can be an attorney?
Any adult (over 18) who has mental capacity can be an attorney. You can appoint family members, friends, or professionals. There is no legal requirement for specific qualifications, but trust, competence, and availability are important considerations.
How many attorneys should I appoint?
You can appoint one or more attorneys. Having multiple attorneys shares the burden but requires decisions about whether they act jointly, jointly and severally, or in some combination. Consider naming replacement attorneys in case your first choices cannot act.
What is the difference between joint and joint and several attorneys?
Joint attorneys must make all decisions together. Joint and several attorneys can act together or independently. Joint and several offers more flexibility but less oversight. Joint provides checks but can be impractical if one attorney is unavailable.
Can I appoint a professional as my attorney?
Yes. Solicitors, accountants, and other professionals can act as attorneys. They will charge for their services, but bring expertise and independence. This may be helpful for complex finances or where family dynamics are difficult.