There are several key issues to consider when choosing an attorney for a lasting power of attorney. Find out who you can choose to be your attorney and what happens if you appoint two or more attorneys.
You will need to choose an attorney who is at least 18, but it can be:
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:
Note: Another section explains lasting power of attorney duties and responsibilities to help with your decision.
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:
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.
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.
Choosing Your Attorney for a Lasting Power of Attorney