Who can be an attorney?
Guidance from Estate Advisory Group
Attorneys hold real power over money or medical decisions. The legal test for who can act is short; the practical test for who should act is the harder one.
The legal requirements
- Aged 18 or over
- Has mental capacity to act as an attorney
- For a Property & Financial Affairs LPA only: not bankrupt, subject to a Debt Relief Order, or subject to an interim bankruptcy restrictions order
There is no requirement to be a relative, to live nearby, or to live in the UK — though an attorney abroad will find day-to-day banking harder. A professional such as a solicitor or accountant can act, usually for a fee set out in the document.
The bankruptcy rule bites later too
Who should not be an attorney
Nothing in law stops these choices, but they cause the most problems in practice: someone with chaotic finances of their own, someone the donor's family does not trust, someone who cannot say no to other relatives, or someone who is unlikely to outlive the donor.
How many, and how they decide
The form asks how multiple attorneys must act:
- Jointly — every decision needs every attorney to agree and sign. Safe, but slow, and if one attorney can no longer act the whole appointment can fail unless replacements are named.
- Jointly and severally — any attorney can act alone. Practical for everyday banking and the most common choice, but it relies on trusting each of them individually.
- Jointly for some decisions, jointly and severally for others — flexible, but you must spell out precisely which decisions are which, and this is where LPAs are most often rejected for unclear wording.
We explain each option neutrally and never recommend one for your circumstances.
Replacement attorneys
A replacement steps in if an original attorney dies, loses capacity, becomes bankrupt (financial LPA), or withdraws. Naming at least one is cheap insurance — without one, an LPA can quietly become unusable years after it was registered.
An attorney cannot also be the certificate provider
The person who certifies that the donor understands the LPA must be independent of the attorneys. See who is allowed to be a certificate provider.
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