Replacement attorneys
Guidance from Estate Advisory Group
A replacement steps in if an original attorney can no longer act. Naming one is optional, free, and almost always worth doing.
When they take over
A replacement attorney only acts if an original attorney's appointment ends — because they die, lose capacity, resign, are made bankrupt (financial LPAs), or the donor's marriage to an attorney spouse ends and the LPA says that removes them.
Why it matters most for joint appointments
A joint LPA with no replacement is brittle
If attorneys act jointly and one drops out, the whole appointment ends and the family is left applying to the Court of Protection — exactly what the LPA was meant to prevent.
Choosing sensibly
- Pick someone younger than the people they are backing up.
- One replacement is usually enough; several replacements need careful ordering wording.
- Replacements must meet the same eligibility rules as attorneys — see who can be an attorney.
- Tell them. A replacement who has never heard of the arrangement is not much use.
Common questions
Can I say which replacement replaces which attorney?
Yes, but it needs clear wording and the OPG rejects instructions it finds contradictory. Keep it simple unless there is a real reason.
Do replacements sign the LPA?
Yes. They sign the attorney section like everyone else, after the certificate provider has signed.
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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