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Who can be appointed as an attorney?
Under a Lasting Power of Attorney (LPA), you can appoint one or more attorneys to make decisions on your behalf if you lose mental capacity or no longer want to deal with certain matters yourself. In England and Wales, your attorney must be at least 18 years old.
They do not need to be a solicitor or other professional. In many cases, people choose a spouse, civil partner, adult child, relative, close friend, or trusted neighbour.
Who is usually suitable?
An attorney should be someone you trust completely, because they may have significant control over your money, property, health, or welfare. They should be responsible, reliable, and able to act in your best interests.
For a property and financial affairs LPA, it helps if the person is organised and comfortable dealing with bills, bank accounts, and paperwork. For a health and welfare LPA, it is important that they understand your values and wishes.
Can more than one person be appointed?
Yes, you can appoint more than one attorney. This can be useful if you want decisions to be shared, or if you want different people to handle different areas of your life.
You can also appoint replacement attorneys. They step in if an original attorney can no longer act, which can help avoid problems later on.
Are there any restrictions?
Some people cannot be appointed in certain situations. For example, someone who is bankrupt cannot act as an attorney for property and financial affairs until they are discharged. Likewise, an attorney must have mental capacity themselves to make these decisions.
You should also think carefully before appointing someone who may struggle to act fairly or who has financial difficulties of their own. The Office of the Public Guardian can investigate concerns if an attorney misuses their powers.
Can a professional be appointed?
Yes, you can appoint a professional attorney, such as a solicitor or a trust corporation. This may be appropriate if you do not have a suitable family member or friend, or if your affairs are complex.
Professional attorneys usually charge for their services, so it is sensible to check fees before making the appointment. Many people choose a mix of family members and professionals to balance trust and expertise.
Making the right choice
Choosing an attorney is one of the most important parts of creating an LPA. The person you appoint should understand your wishes, respect your boundaries, and be willing to take on the responsibility.
Before deciding, talk to the person you are considering and make sure they are happy to act. A careful choice now can give you peace of mind and help protect your interests in the future.
Frequently Asked Questions
The LPA attorney appointment criteria generally require that the person appointing the attorney has mental capacity at the time of signing, chooses an eligible adult attorney, and completes the LPA in the required legal form with proper witnessing and registration steps.
Under the LPA attorney appointment criteria, an attorney is usually someone aged 18 or over who has mental capacity and is not otherwise disqualified by the terms of the LPA or applicable law.
The LPA attorney appointment criteria require the donor to understand the nature and effect of the lasting power of attorney when making the appointment, including what powers are being given and when they may be used.
Yes, family members can meet the LPA attorney appointment criteria if they are adults with mental capacity and there is no legal restriction or conflict that would prevent their appointment.
Yes, a spouse or civil partner can meet the LPA attorney appointment criteria if they are eligible adults with capacity and are properly named in the document as an attorney.
Yes, the LPA attorney appointment criteria can allow multiple attorneys to be appointed jointly, jointly and severally, or in a mix, depending on how the document is completed.
Professional attorneys may be appointed under the LPA attorney appointment criteria if they are legally permitted to act and any professional or regulatory requirements are met.
No general rule requires the attorney to live in the same country, but the LPA attorney appointment criteria may be affected by practical issues such as availability, communication, and the rules of the relevant jurisdiction.
No, a person under 18 usually does not meet the LPA attorney appointment criteria because attorneys must generally be adults when appointed.
For property and financial affairs LPAs, bankruptcy may affect whether someone meets the LPA attorney appointment criteria, because some financial restrictions can limit or disqualify appointment in that context.
Yes, the LPA attorney appointment criteria can exclude or limit people where a conflict of interest would make the appointment inappropriate or unlawful, especially if the attorney would benefit personally in a way not allowed by the LPA.
The LPA attorney appointment criteria usually include that the donor signs the LPA correctly, the attorney signs to accept the appointment where required, and witnesses sign in the proper places.
Yes, witnesses are part of the LPA attorney appointment process because the required witnessing helps validate the signatures and supports compliance with the formal legal criteria.
Yes, the LPA attorney appointment criteria generally require the appointed attorney to accept the role, usually by signing the document or otherwise confirming consent in the prescribed form.
No, an attorney must be able to make the relevant decisions under the LPA attorney appointment criteria. If they lack the necessary capacity, they would not be suitable for appointment.
Replacement attorneys can be appointed under the LPA attorney appointment criteria if the LPA form allows it and if each replacement attorney individually meets the eligibility and capacity requirements.
The donor's capacity is central to the LPA attorney appointment criteria because the donor must understand the appointment, the powers being granted, and the consequences of making the LPA.
Yes, legal advice is not always required to satisfy the LPA attorney appointment criteria, but advice can help ensure the appointment is valid, clear, and suited to the donor's needs.
Yes, the LPA attorney appointment criteria can differ between health and welfare LPAs and property and financial affairs LPAs, especially in relation to when the attorney may act and any special restrictions.
If the LPA attorney appointment criteria are not met, the appointment may be invalid, registration may be refused, or the attorney may not be able to act under the lasting power of attorney.
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