Jointly or jointly and severally?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
This one tick box has more practical consequence than almost anything else on the form. Most people should choose jointly and severally.
What each means
- Jointly and severally — attorneys can act together or on their own. Either one can sign a cheque or speak to the bank.
- Jointly — every decision needs every attorney's agreement and signature. No exceptions.
- Jointly for some, severally for others — a hybrid, where you list which decisions need unanimity.
The hidden risk of 'jointly'
One attorney failing ends the appointment
If attorneys act jointly and one dies, loses capacity or is bankrupt (for a financial LPA), the whole appointment fails unless you have named replacements. With jointly and severally, the others simply carry on.
How to choose
- Choose jointly and severally if you want practicality and trust your attorneys individually. This is the usual choice.
- Choose jointly if you specifically want two people to check each other, and accept the delay and fragility.
- Consider the hybrid if you are relaxed about day-to-day money but want unanimity for selling the house — but keep the wording simple.
Our wizard explains the consequences of each choice in plain English before you commit, and warns you if a jointly appointment is left without replacements.
A worked example
Brothers Simon and Alan are appointed jointly on their mother's LPA because she wants them to agree on everything. Two years later Simon is made bankrupt. Because they were appointed jointly, and their mother had no replacement attorney named, the entire appointment ends automatically — Alan cannot act alone, even for routine bills, and the family has to apply to the Court of Protection for a deputyship while the LPA sits unusable. Had they been appointed jointly and severally, Alan would simply have continued.
Comparing the options side by side
| Feature | Jointly and severally | Jointly |
|---|---|---|
| Can one attorney act alone | Yes | No |
| Survives one attorney dropping out (no replacement) | Yes | No — appointment ends |
| Risk of one attorney acting against the others' wishes | Slightly higher | None — unanimity required |
| Speed for everyday transactions | Fast | Slower |
The hybrid option in practice
The LP1F and LP1H forms allow you to say attorneys must act jointly for some decisions and jointly and severally for others, using the free-text instructions section. A common version reads something like: 'my attorneys must act jointly in relation to the sale of my property, and jointly and severally in relation to all other decisions.' This gives day-to-day flexibility while keeping a check on the biggest, hardest-to-reverse decisions.
Ambiguous hybrid wording is a common rejection reason
The OPG will query — and can reject — instructions that are unclear or contradictory, such as naming a decision that overlaps two categories. If you want a hybrid arrangement, keep the wording short, specific, and free of legal jargon you have not checked.
Why most people still choose jointly and severally
For most donors, the appeal of an LPA is that ordinary life carries on smoothly if something happens to them — bills get paid, care is arranged, the house does not fall into disrepair. Jointly and severally supports that, because whichever attorney is available on the day can act. Jointly appeals to donors who are more worried about one attorney acting alone against their interests than about delay, and it works best where there are exactly two well-matched attorneys who see each other often, ideally backed by a replacement attorney in case one of them drops out.
Common questions
Which do banks prefer?
Jointly and severally, because a single attorney can transact. Joint appointments mean every instruction needs both signatures.
Can I change it later?
Not on a registered LPA. You would need to revoke it and make a new one while you still have capacity.
Can I choose jointly for the house but severally for bills?
Yes, using a hybrid instruction that names the specific decisions requiring unanimity. Keep the wording simple and unambiguous, since the OPG will query anything contradictory.
Does this choice apply to both my LPAs?
You choose separately for your financial LPA and your health and welfare LPA, and they do not have to match — though most people keep the same approach for simplicity.
What happens if I do not tick either box clearly?
The OPG will query the form and return it for clarification, which delays registration. Our wizard forces a clear choice before the LPA can be generated, so this particular error should not arise.
Does jointly and severally mean attorneys can act completely independently forever?
In practice, yes — the LPA does not require them to inform each other before acting, though most families agree to keep each other updated informally, and attorneys always remain accountable to the OPG for decisions made in the donor's best interests.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
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
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
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