Who should I appoint as my attorney under an LPA?

Key Points

What qualities should I look for in an attorney?

Attorneys should be people you know well and trust. The important quality is that you know each other well and that they respect your wishes and feelings and will act in your best interests. Attorneys must always act in your best interests, and the Mental Capacity Act Code of Practice sets out five basic principles an attorney must follow. For an overview of the different types of LPA and when they can be used, read our guide: What is an LPA?

Consider someone aged 18 or over who is able to understand the responsibility of becoming an attorney; if you are looking for someone to help with your finances, consider someone with a good history of managing money. Think about whether the person is reliable, available, and willing to take on the role. Talk to someone you would trust to carry out your wishes, and they could be your attorney; this does not have to be a partner or family member and you can name more than one person if you want.

Discuss your wishes with your chosen attorney before appointing them. They need to be 18 or over and fully understand the role they will be carrying out; take time to talk it through so that they understand your choices and decisions.

Can I appoint a family member or must I use a professional?

Attorneys do not need to be lawyers; many people choose their wife, husband, civil partner, partner, children, other relatives or close friends. Attorneys do not need to be solicitors; most people choose family members, friends and other people they trust with no legal background.

You can appoint a professional such as a solicitor if you prefer. If you are appointing a professional to help with your LPA, such as a solicitor, you must provide their full name, not just a job title or the name of a firm. Professional attorneys may charge fees for their services. For the separate costs of preparing and registering the document, see our guide to how much an LPA costs.

The choice depends on your circumstances. Family members and friends often have a close personal understanding of your wishes and values. A professional attorney may be suitable if you have no close family or friends, if your affairs are complex, or if you want to avoid placing a burden on relatives. A person who is on the Disclosure and Barring Service's barred list cannot act as an attorney unless they are a family member and they are not getting a fee to be your attorney; they will break the law if they do.

Should I appoint more than one attorney?

You can appoint one attorney or more than one. Appointing multiple attorneys offers flexibility and continuity. If you are appointing more than one person, you must decide if they will make decisions separately or together (sometimes called "jointly and severally") or together only (sometimes called "jointly"); attorneys who are appointed jointly must all agree or they cannot make the decision.

Most people choose "jointly and severally" because it is the most practical option; attorneys can get together to make important decisions if they wish, but can make simple or urgent decisions on their own, and it is up to the attorneys to choose when they act together or alone. This also means that if one of the attorneys dies or can no longer act, your LPA will still work, and if one attorney makes a decision, it has the same effect as if all the attorneys made that decision.

If you choose "jointly", attorneys must agree unanimously on every decision, however big or small; remember, some simple decisions could be delayed because it takes time to get the attorneys together, and if your attorneys cannot agree a decision, then they can only make that decision by going to court. If one attorney dies or can no longer act when appointed jointly, your LPA will stop working unless you appoint at least one replacement attorney.

You can also choose "jointly for some decisions, jointly and severally for other decisions", which means attorneys must agree unanimously on some decisions but can make others on their own; if you choose this option, you must list the decisions your attorneys should make jointly on Continuation sheet 2.

What is a replacement attorney and should I appoint one?

Replacement attorneys are people you choose to step in if one of your original attorneys can no longer make decisions on your behalf. A replacement attorney will automatically step in if one of your attorneys was your wife, husband or civil partner but your relationship has legally ended (unless you have added an instruction for them to continue), or becomes bankrupt or subject to a debt relief order (for property and financial affairs LPAs only); a replacement attorney can only act if the original attorney they are replacing is permanently unable to make decisions for one of the reasons specified.

A replacement attorney must meet the same requirements as an original attorney, including having mental capacity and being 18 years old or over when you sign the LPA. Appointing a replacement attorney provides continuity if an original attorney cannot continue. If you appoint attorneys jointly without a replacement, your LPA will stop working unless you appoint at least one replacement attorney.

One of your original attorneys can also be appointed as a replacement attorney in the same LPA; you would usually do this if the appointment type is either jointly or jointly for some decisions and jointly and severally for other decisions, and it would mean the original attorneys can continue to act on joint decisions if one of the original attorneys becomes unable to act. To understand why planning ahead matters, read about what happens if you lose mental capacity without an LPA.

Are there any restrictions on who I can appoint?

Attorneys must be at least 18 years old. You cannot choose someone who is subject to a Debt Relief Order or someone who is bankrupt if you are making a lasting power of attorney for property and financial affairs. If a person has been declared bankrupt, they will not be able to act as a property and finance attorney but may still be able to act as a health and welfare attorney; you should always choose people you trust.

A person who is on the Disclosure and Barring Service's barred list cannot act as an attorney unless they are a family member and they are not getting a fee to be your attorney; they will break the law if they do.

An attorney cannot witness your signature on the LPA form. An impartial person must witness you and your attorneys signing your LPA; you cannot witness your attorneys' signatures and they cannot witness yours.

Frequently asked questions

Can I appoint my spouse or partner as my attorney?

Yes. Many people choose their wife, husband, civil partner or partner as an attorney. If your attorney is your wife, husband or civil partner and your relationship legally ends, the replacement attorney will automatically step in unless you have added an instruction for them to continue.

Can I appoint my adult child as my attorney?

Yes. Many people choose their children or other relatives as attorneys. Attorneys must be at least 18 years old. Your child can be appointed as long as the person is aged 18 or over and able to understand the responsibility of becoming an attorney; if you are looking for someone to help with your finances, consider someone with a good history of managing money.

What happens if one of my attorneys can no longer act?

If you have appointed attorneys jointly and severally, if one of the attorneys dies or can no longer act, your LPA will still work. If you have appointed attorneys jointly and one attorney dies or can no longer act, your LPA will stop working unless you appoint at least one replacement attorney. Replacement attorneys step in if one of your original attorneys can no longer make decisions on your behalf, such as through death, loss of capacity, bankruptcy (for property LPAs), or divorce from the donor.

Last reviewed: September 2026

Talk to Pearce Legal

If you need guidance on choosing your attorney or making a lasting power of attorney, our team can help you consider your options and ensure your LPA is properly prepared. Call us on 0121 270 2700 or get in touch through our contact page.

Further reading

For an overview of the document itself, read our guide to what an LPA is, including the difference between health and welfare LPAs and property and financial affairs LPAs.

Before completing your application, find out how much it costs to make and register an LPA, including registration fees, exemptions and solicitor costs.

Read about what happens if someone loses mental capacity without an LPA, and why a deputyship application may then be necessary.

Author: Jodie Hall

Jodie Hall is a Solicitor in the Private Client team at Pearcelegal, based in Solihull, West Midlands. She is regulated by the Solicitors Regulation Authority under SRA number 666606.

Jodie joined Pearcelegal in the summer of 2023, having qualified as a solicitor at a firm in London earlier that year. At Pearcelegal, she advises clients on Wills, Lasting Powers of Attorney, Probate and estate administration, and Trust matters. She has also contributed to the firm's legal content, including guidance on the probate process and considerations for making a will.

Client reviews rate Jodie 5.0 out of 5 across six reviews on Review Solicitors, Outside of work, Jodie enjoys experiencing new cuisines, cooking, and visiting National Trust sites.

Pearcelegal itself is authorised and regulated under SRA firm number 423097.