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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 make certain decisions yourself. In the UK, an attorney does not need to be a solicitor or a professional adviser. They can be someone you trust to act in your best interests.
Most people choose a family member, partner, close friend, or someone who already understands their wishes. The key requirement is that the person must be willing to take on the role and able to carry out the responsibilities involved. This can include financial decisions, health and care decisions, or both, depending on the type of LPA.
What are the basic legal requirements?
An attorney must be at least 18 years old when the LPA is made. They must also have mental capacity to understand the role and the decisions they may need to make. For a property and financial affairs LPA, the attorney must not be bankrupt or subject to debt restrictions at the time of appointment.
You can appoint an individual or, in some cases, a trust corporation. A trust corporation is usually used in more formal or professional arrangements. For most people, however, appointing a trusted individual is the most common choice.
Can more than one attorney 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 to reduce the risk of one person having to act alone. You can also appoint replacement attorneys in case your first choice cannot act when needed.
When appointing multiple attorneys, you can decide whether they must act jointly, jointly and severally, or in a combination of both. This choice affects how decisions are made and how flexible the arrangement will be. It is important to think carefully about this when completing the LPA.
Who should you choose?
Choose someone who is trustworthy, responsible, and likely to respect your wishes. They should be able to handle practical matters, make thoughtful decisions, and communicate well with family members, doctors, or financial providers if needed. It is also sensible to choose someone who is available and likely to be around when the LPA may need to be used.
Many people consider whether the person is good at handling money, organised with paperwork, and calm under pressure. For health and welfare decisions, it helps if the attorney understands your values and preferences. The best choice is often someone who knows you well and can act with care and confidence.
Are there any people who cannot act?
Some people are not eligible to act as attorneys in certain circumstances. For example, a person who is under 18 cannot be appointed. In a property and financial affairs LPA, an undischarged bankrupt cannot act as an attorney, although this does not usually affect health and welfare LPAs.
You can also exclude people by choice if you do not want them to act for you. If there is any doubt about whether someone is suitable, legal advice can help you make the right decision. Choosing the right attorney is one of the most important parts of making an LPA.
Frequently Asked Questions
LPA attorney appointment criteria generally require that the proposed attorney is an adult with legal capacity, is trusted by the donor, and is willing to act. The donor should also consider the attorney’s reliability, financial responsibility, and ability to follow the donor’s wishes.
Under LPA attorney appointment criteria, an eligible attorney is usually a person who is at least 18 years old and has mental capacity. In some cases, professional attorneys or trust corporations may also be appointed if the relevant rules allow it.
Yes, family members can meet the LPA attorney appointment criteria if they are adults with capacity and are suitable to act. Many donors choose spouses, adult children, or siblings, but the key issue is whether they are trustworthy and able to make decisions in the donor’s best interests.
Yes, friends can meet LPA attorney appointment criteria if they are adults, capable, and willing to take on the role. A close and trusted friend may be a strong choice if they understand the donor’s values and can act responsibly.
LPA attorney appointment criteria do not always require the attorney to live in the same country, but location can affect practicality. The attorney should be able to carry out the role effectively, including communicating with banks, care providers, or relevant authorities if needed.
Financial experience is not always a strict legal requirement under LPA attorney appointment criteria, but it is highly relevant for property and financial affairs LPAs. A person who is organised, careful, and able to manage money is often better suited to the role.
LPA attorney appointment criteria do not usually require formal medical knowledge for a health and welfare attorney. However, the attorney should be able to understand medical information, weigh options carefully, and respect the donor’s wishes and any advance decisions.
Yes, multiple people can satisfy the LPA attorney appointment criteria and be appointed together. The donor can appoint joint attorneys, attorneys acting jointly and severally, or a combination, depending on how the LPA is set up and what the donor wants.
Yes, replacement attorneys can satisfy the LPA attorney appointment criteria if they meet the same suitability requirements as primary attorneys. They are named to step in if the original attorney can no longer act, so they should also be trustworthy and capable.
An attorney may be paid if the LPA document allows it or if the law permits reimbursement or payment in the circumstances. Whether payment is allowed does not change the appointment criteria themselves, but it may affect whether the chosen attorney is willing to act.
Yes, a professional adviser such as a solicitor or accountant can meet LPA attorney appointment criteria if they are eligible and willing to act. Professional attorneys may be useful where specialist management or impartial decision-making is needed.
LPA attorney appointment criteria do not always expressly ban all conflicts of interest, but the attorney must act in the donor’s best interests. A serious conflict may make someone unsuitable, especially if it could affect decisions about money, property, or care.
A criminal record does not automatically disqualify someone under LPA attorney appointment criteria, but it may raise concerns about trustworthiness and suitability. The nature of the offence, the time elapsed, and the role to be performed are important considerations.
Yes, understanding the donor’s wishes is an important part of LPA attorney appointment criteria in practice. An attorney should be someone who can listen to the donor, respect their values, and make decisions that reflect their preferences whenever possible.
Whether an attorney can also act as a co-donor or witness depends on the specific LPA rules and the role involved. In many cases, witnesses must be independent, so it is important to check the formal execution requirements before signing.
No, LPA attorney appointment criteria do not require the donor to choose more than one attorney. A donor may appoint a single attorney, but they can also appoint multiple attorneys if they want shared decision-making or backup support.
Yes, the donor can usually change the attorney appointment arrangement before the LPA is registered, and in some cases can revoke and remake the LPA while they still have capacity. After registration, changes are more limited and may require formal steps.
If a proposed attorney does not meet LPA attorney appointment criteria, they cannot usually be appointed validly. The donor should choose another eligible person, such as a different family member, friend, or professional attorney.
To assess suitability under LPA attorney appointment criteria, consider the person’s age, capacity, honesty, reliability, availability, and ability to follow instructions. It is also wise to think about whether they can manage practical matters and make careful decisions under pressure.
You should check the official guidance for LPA attorney appointment criteria from the relevant government or legal authority in your jurisdiction, as the exact rules can vary. A solicitor or specialist adviser can also help confirm whether a chosen attorney is suitable and eligible.
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