Choosing your attorney is one of the most important decisions you make when setting up a Lasting Power of Attorney. Your attorney is the person, or people, you trust to make decisions for you if you cannot make them yourself. This is not just a formality. It is a position of trust.
What does an attorney do?
For a Property & Financial Affairs LPA, this may include helping with bank accounts, bills, property, pensions, benefits and financial administration. For a Health & Welfare LPA, this may include decisions about care, medical treatment, daily routine, where you live and life-sustaining treatment if you cannot decide for yourself. Your attorney must act in your best interests.
Qualities to look for
Jointly or jointly and severally?
Jointly
All attorneys must make decisions together. Can feel safer, but may cause delays if one attorney is unavailable.
Jointly and Severally
Attorneys can act together or separately. More flexible, but requires a very high level of trust.
Should I choose different attorneys for different LPAs?
You can choose the same people for both LPAs, or different people. Someone may be excellent with finances but uncomfortable with care decisions. Someone else may know your personal wishes very well but not be confident with banking or admin. See our guide on the two types of LPA.
Talk to the person before appointing them
Do not appoint someone without speaking to them first. You might say: "I'm setting up a Lasting Power of Attorney and I'd like to ask whether you would be comfortable being one of my attorneys." This conversation is also a good opportunity to share your wishes. For more on this, read our guide on having these sensitive family conversations.
Before you finalise your choices, our LPA preparation checklist can help you gather everything you need.
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