Jointly owned assets and an LPA
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Joint ownership does not remove the need for authority — it doubles the number of people whose authority is needed.
Joint property
- A sale needs valid authority for every owner, so each co-owner should have their own LPA.
- An attorney cannot normally act for both the donor and themselves in the same transaction without care — take conveyancing advice.
- Where the co-owner has capacity, they sign for themselves and the attorney signs for the donor.
- Severing a joint tenancy is an estate-planning step and generally needs court approval.
Joint bank accounts
Banks vary: some allow the capable holder to continue operating the account, others restrict it until an attorney is registered. See LPA and joint bank accounts.
The trap for couples
If both holders lose capacity and neither has an LPA, the account is effectively frozen and a deputyship application is the only route.
Practical steps
- Register the LPA with the bank early, before any problem arises.
- Check the title register to confirm how the property is held.
- Where a sale is planned, tell the conveyancer about the LPA at the outset.
- Keep the donor's share of proceeds in their own name.
Common questions
Can I sell a jointly owned house as attorney for one owner?
Yes, provided the other owner consents and signs, or you also hold authority for them. Conveyancers will check the LPA wording.
Can I be attorney and co-owner at once?
Yes, but there is a conflict of interest to manage. Independent valuations and legal advice protect you.
Read next
Where this fits
This page is part of Money, tax and property. The pages below take it further.
- Property & Financial Affairs LPA
The LP1F: money, bills, savings, property and everything a bank will ask for.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Answer five quick questions to check the service suits you, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group