Choosing an LPA

Choose your attorney

You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they’ll make decisions separately or together.

Who can be your attorney

Your attorney needs to be 18 or over. They could be:

  • a relative
  • a friend
  • a professional, for example a solicitor
  • your husband, wife or partner

You must appoint someone who has the mental capacity to make their own decisions.

Your attorney doesn’t need to live in the UK or be a British citizen.

When choosing an attorney, think about:

  • how well they look after their own affairs, for example their finances
  • how well you know them
  • if you trust them to make decisions in your best interests
  • how happy they will be to make decisions for you

Read about an attorney’s responsibilities to help you with your decision.

You can’t choose someone who is subject to a Debt Relief Order or is bankrupt if you’re making a lasting power of attorney (LPA) for property and financial affairs.

If there’s more than one attorney

If you’re appointing more than one person, you must decide if they’ll make decisions:

  • separately or together – sometimes called ‘jointly and severally’ – which means attorneys can make decisions on their own or with other attorneys
  • together – sometimes called ‘jointly’ – which means all the attorneys have to agree on the decision

You can also choose to let them make some decisions ‘jointly’, and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they can’t make the decision.

Replacement attorneys

When you make your LPA you can nominate other people to replace your attorney or attorneys if at some point they can’t act on your behalf anymore.