Who Can be Your Attorney (or Attorneys)

You will need to choose an attorney who is at least 18, but it can be:

• A relative (e.g. son or daughter) or a close and ‘trusted’ friend.
• A spouse (your husband, wife, or civil partner).
• A professional person (e.g. family doctor, a teacher, or a solicitor).

There is no limit on how many power of attorneys you can appoint. But, appointing more than one means you must decide whether the group can make decisions ‘separately’ or ‘jointly’.

You cannot choose anyone subject to Debt Relief Orders or in bankruptcy for your property and financial affairs lasting power of attorney (LPA).

The person you choose to act as your attorney does not need to have British nationality, nor do they need to live in the United Kingdom.

But, the person (or persons) that you appoint must agree to the role and have mental capacity to make decisions by themselves.

Among the most important things to consider when choosing an attorney for a lasting power of attorney, will be:

• How long have you known the person and do you feel you know them well.
• How good are they at looking after their own affairs (e.g. money management and finances).
• Do you trust them enough to make decisions that will be in ‘your’ best interests.
• Will they be happy to make decisions for you if you lack mental capacity (e.g. how you get cared for).

Note: Another section explains lasting power of attorney duties and responsibilities to help with your decision.

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Choosing More than One Attorney

It would be unusual to appoint more than four (4) attorneys and two (2) tends to be the most common type of LPA appointment.

Even so, appointing more than one attorney will mean you need to decide how they will make decisions. You must choose between:

• Jointly: Meaning all the attorneys (if there is more than one) must agree to any decisions.
• Jointly and severally: Meaning the attorneys can either make decisions together or on their own.

You can make the LPA instruct them to make some decisions ‘jointly’ and then make others ‘jointly and severally’.

Note: If you appoint your attorneys ‘jointly’ they must all agree together. Otherwise, they will no be able to make the decision according to power of attorney rules.

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Nominating Replacement Attorneys

You can choose to nominate other people as replacements for your attorney or attorneys. It would grant authority to the replacement attorney if the original was unable to act on your behalf any longer.

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