Get Answers
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 manage your affairs yourself. In England and Wales, an attorney is usually someone you trust to act in your best interests and follow the instructions in the LPA.
The person you choose does not have to be a solicitor or professional adviser. Most people appoint a family member, a close friend, or a mix of both. The key requirement is that the person is suitable, willing to act, and able to understand the responsibilities involved.
Age, capacity and other basic requirements
An attorney must usually be at least 18 years old. They must also have the mental capacity to make their own decisions when the LPA is signed and when they are acting as attorney.
For a property and financial affairs LPA, an attorney can be an individual or a trust corporation such as a bank or specialist trust company. For a health and welfare LPA, only an individual can be appointed. This is because personal welfare decisions must be made by a person, not a corporate body.
Who people commonly choose
Many people appoint a spouse, civil partner, adult child, sibling, or another close relative. Others choose a trusted friend who knows them well and understands their wishes. The best choice is usually someone reliable, organised, and comfortable making practical decisions.
Some people appoint more than one attorney so responsibilities can be shared. This can be helpful if one attorney lives far away or may not be available all the time. You can also appoint replacement attorneys in case your first choice can no longer act.
Who should not be appointed?
You should avoid appointing someone you do not trust completely, since attorneys may manage money, deal with property, or make important healthcare decisions. It is also wise to think carefully before appointing someone who is very disorganised, likely to disagree with others, or unable to commit the time needed.
If an attorney has been declared bankrupt, this can affect whether they should act under a property and financial affairs LPA. Certain restrictions may apply, so it is important to check the rules carefully before naming them. Professional advice can be useful where there is any doubt.
Can a professional be appointed?
Yes, a solicitor, accountant, or other professional can be appointed as an attorney, provided they agree to act. This may be a good option if you do not have a suitable family member or friend, or if your affairs are complex.
Professional attorneys usually charge fees, and these should be explained clearly in advance. Many people prefer a combination of family members and professionals, so decisions are supported by both personal knowledge and practical expertise.
Frequently Asked Questions
The basic LPA attorney appointment criteria generally require that the chosen attorney be an adult with legal capacity, trustworthy, and able to act in the donor’s best interests while following the authority given in the LPA.
Under LPA attorney appointment criteria, an eligible attorney is usually a person who is at least 18 years old, has mental capacity, and is not otherwise disqualified by law or by the terms of the LPA.
Yes, a family member can meet LPA attorney appointment criteria if they are an adult with capacity and are suitable to act responsibly, honestly, and in the donor’s interests.
Yes, a spouse or partner can meet LPA attorney appointment criteria if they are eligible, have capacity, and are not barred from acting for any legal or practical reason.
Yes, a friend can meet LPA attorney appointment criteria if they are an adult with capacity, willing to act, and considered suitable and reliable by the donor.
Yes, a professional can meet LPA attorney appointment criteria if they are legally permitted to act and satisfy any regulatory, eligibility, and suitability requirements.
Yes, LPA attorney appointment criteria typically require the attorney to be an adult, which generally means being over 18 and having the legal capacity to take on the role.
Yes, LPA attorney appointment criteria usually require the attorney to have mental capacity at the time of appointment so they can understand and carry out their duties.
A person may still meet LPA attorney appointment criteria for another LPA if they remain eligible, capable, and willing to serve, although practical conflicts should be considered.
Yes, multiple attorneys can meet LPA attorney appointment criteria if each one individually satisfies the eligibility and capacity requirements and the LPA is set up to allow joint or joint-and-several acting.
Yes, a replacement attorney can meet LPA attorney appointment criteria if they are eligible to act, have capacity, and are properly named in the LPA as a replacement.
An attorney based overseas may meet LPA attorney appointment criteria if they are otherwise eligible and able to carry out the role, though practical issues such as availability and communication should be considered.
For a property and financial affairs LPA, certain financial restrictions or insolvency-related issues may affect suitability or legal eligibility, so LPA attorney appointment criteria should be checked carefully in those cases.
A criminal conviction does not automatically prevent appointment, but LPA attorney appointment criteria may require the donor to consider trustworthiness, suitability, and any legal disqualifications that apply.
Yes, LPA attorney appointment criteria effectively require the attorney to consent to the appointment, because a person generally cannot be appointed to a role they have not accepted.
Yes, a donor can choose a backup or replacement attorney if the LPA is drafted to allow it and the replacement attorney meets the same LPA attorney appointment criteria.
Generally, the rules for witnesses are separate from LPA attorney appointment criteria, and a witness should usually be independent, so the donor should check the formal signing requirements carefully.
Not always, but LPA attorney appointment criteria may require the attorney to be capable of acting under the law governing the LPA, and living abroad may create practical or legal complications.
LPA attorney appointment criteria should be applied carefully where a conflict of interest exists, because the attorney must act in the donor’s best interests and avoid using the role for personal gain.
Before finalizing LPA attorney appointment criteria, the donor should check the attorney’s age, capacity, willingness, suitability, availability, and any legal restrictions that may prevent or limit appointment.
Ergsy Search Results
This website offers general information and is not a substitute for professional advice.
Always seek guidance from qualified professionals.
If you have any medical concerns or need urgent help, contact a healthcare professional or emergency services immediately.
Some of this content was generated with AI assistance. We've done our best to keep it accurate, helpful, and human-friendly.
- Ergsy carefully checks the information in the videos we provide here.
- Videos shown by Youtube after a video has completed, have NOT been reviewed by ERGSY.
- To view, click the arrow in centre of video.
- Most of the videos you find here will have subtitles and/or closed captions available.
- You may need to turn these on, and choose your preferred language.
- Go to the video you'd like to watch.
- If closed captions (CC) are available, settings will be visible on the bottom right of the video player.
- To turn on Captions, click settings.
- To turn off Captions, click settings again.