When you appoint more than one attorney under a Lasting Power of Attorney, you need to decide how they should work together. The two main options are "jointly" and "jointly and severally." Each has advantages and disadvantages, and understanding the difference helps you make the right choice for your circumstances.
In this guide
Attorneys acting jointly
When attorneys act jointly, they must make all decisions together. This means:
- All attorneys must agree on every decision
- All attorneys must sign every document
- No attorney can act alone
- If one attorney dies, loses capacity, or resigns, the LPA fails (unless replacement attorneys are named)
Advantages of joint attorneys
- Provides built-in oversight - attorneys check each other
- Major decisions are discussed and agreed
- Reduces risk of one attorney acting unwisely
- May give peace of mind that decisions are considered carefully
Disadvantages of joint attorneys
- Can be impractical for routine decisions
- Delays if one attorney is unavailable
- If attorneys disagree, decisions cannot be made
- If one attorney cannot continue, the whole LPA fails
Attorneys acting jointly and severally
When attorneys act jointly and severally, they can act together or independently. This means:
- Any attorney can make decisions alone
- Any attorney can sign documents individually
- Attorneys can also act together if they choose
- If one attorney dies or resigns, the others can continue
Advantages of joint and several
- Practical for day-to-day matters - one attorney can handle routine tasks
- Flexibility when attorneys are in different locations
- LPA continues if one attorney can no longer act
- Decisions can be made quickly when needed
Disadvantages of joint and several
- Less oversight - individual attorneys can act without consultation
- Risk of inconsistent decision-making
- Potential for conflict if attorneys disagree about past decisions
- Greater trust required in each attorney individually
Hybrid arrangements
You can specify that attorneys act jointly for some decisions and jointly and severally for others. For example:
- "My attorneys must act jointly for decisions about selling or buying property, but may act jointly and severally for all other decisions"
- "My attorneys must act jointly for decisions about my care home, but may act jointly and severally for routine financial matters"
This allows you to build in safeguards for major decisions while maintaining practical flexibility for everyday matters.
Practical examples
Joint attorneys in practice
John appoints his two children, Sarah and Michael, to act jointly. When John loses capacity, both Sarah and Michael must agree on every financial decision. When they need to access John's bank account, both must attend the bank together or both sign every form. If Sarah is on holiday, no decisions can be made until she returns.
Joint and several in practice
Mary appoints her two children, David and Emma, to act jointly and severally. David lives locally and handles most day-to-day matters, while Emma, who lives further away, deals with investments. Either can act alone when needed. If David becomes unwell, Emma can continue managing everything.
The importance of replacement attorneys
If you choose joint attorneys, naming replacement attorneys is particularly important. Without replacements, if one joint attorney dies, loses capacity, or resigns, your LPA fails entirely. You would then have no one able to act on your behalf.
Many families across Kent, including in Tonbridge and Sevenoaks, use a combination of joint arrangements for major decisions with replacement attorneys as a safeguard.
Choosing the right arrangement
Consider:
- How well do your attorneys get along?
- Do they live near each other or far apart?
- Are the decisions likely to be routine or complex?
- How much do you trust each attorney to act wisely alone?
- What would happen if one could no longer act?
Key takeaways
Joint attorneys provide oversight but can be impractical; joint and several offers flexibility but less protection. Hybrid arrangements allow you to require joint decisions for major matters while permitting independent action for routine tasks. Replacement attorneys are essential, particularly with joint appointments. Professional guidance helps you choose the right structure for your circumstances.
Frequently Asked Questions
What does 'jointly' mean for LPA attorneys?
When attorneys act jointly, they must make all decisions together and all sign documents together. No attorney can act alone. If one attorney dies, loses capacity, or resigns, the LPA fails unless replacement attorneys have been named.
What does 'jointly and severally' mean?
When attorneys act jointly and severally, they can act together or independently. Any attorney can make decisions and sign documents on their own. This provides flexibility but less oversight over individual attorneys' decisions.
Can I have a mixture of joint and joint and several?
Yes. You can specify that attorneys must act jointly for certain decisions (such as selling property) but can act jointly and severally for day-to-day matters. This allows you to build in safeguards where needed while maintaining practical flexibility.
Which arrangement is better?
Neither is inherently better - it depends on your circumstances. Joint provides more oversight but less flexibility. Joint and several offers convenience but less protection against a single attorney acting unwisely. Consider your attorneys and what decisions they will face.
What happens if a joint attorney can no longer act?
If you have appointed attorneys to act jointly and one dies, loses capacity, or resigns, the whole LPA fails unless you have named replacement attorneys. This is a significant risk to consider when choosing the joint option.