Replacement attorneys
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
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.
A worked example
Eileen appoints her two adult children, Mark and Julie, jointly and severally as attorneys for her finances. She also names her niece, Beth, as a replacement. Eight years later Mark dies suddenly. Because Beth was named as a replacement, she steps into Mark's place automatically once the OPG is notified, and Julie is never left acting alone without cover. Had Eileen skipped this step to save time on the form, Julie would have continued as sole attorney but without any backup at all.
Replacement attorneys compared with additional attorneys
| Feature | Replacement attorney | Additional original attorney |
|---|---|---|
| Acts from day one | No — only if an original attorney stops | Yes, immediately once registered |
| Adds cost | No — same £92 registration fee | No — same fee, more people involved |
| Best used for | Backup cover | Sharing an active workload |
How a replacement steps in for a jointly and severally appointment
For attorneys appointed jointly and severally, a replacement is less critical, because the surviving original attorneys can already carry on alone. Even so, most people still name one, since it is free and covers the situation where every original attorney is eventually unable to act — for instance, if an elderly donor outlives all the attorneys they first chose. For attorneys appointed jointly, a replacement is far more important, because otherwise a single attorney dropping out ends the whole appointment immediately, with no notice period and no way to patch it after the event.
What a replacement cannot do
- A replacement has no authority at all while the original attorney they are backing up is still able to act — they cannot act alongside them 'just in case'.
- A replacement cannot be brought in for a task the original attorney simply finds inconvenient; the trigger must be one of the events set out in the LPA (death, incapacity, bankruptcy for finances, resignation, or a divorce clause where relevant).
- A replacement cannot be added or swapped once the LPA is registered — if your circumstances change, you would need a new LPA.
It costs nothing to add one
Naming a replacement adds no extra fee and only a couple of extra minutes on the form. There is very little reason not to include at least one unless you genuinely have nobody else suitable.
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.
Does a replacement need to be told they have been named?
There is no legal requirement, but it is sensible — a replacement who is caught by surprise years later may hesitate or disclaim exactly when they are needed.
Can I add a replacement after the LPA is registered?
No. Once registered, the attorneys named cannot be changed — you would need to make a new LPA while you have capacity to do so.
Can a replacement attorney also be a witness?
No. A replacement attorney counts as an attorney for witnessing purposes and cannot witness the donor's signature or any other attorney's signature on the same LPA.
How many replacements can I name?
There is no fixed limit, but naming more than one or two makes the order of substitution harder to word clearly, and the OPG will query wording it finds ambiguous about who replaces whom.
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