Jointly or jointly and severally?
Guidance from Estate Advisory Group
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.
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.
Read next
Ready to make yours?
Answer five quick questions to see whether our service suits you. No account and no payment needed.
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