What is a replacement attorney on an LPA?
A replacement attorney is a named back-up who takes over if an original attorney can no longer act. They have absolutely no authority until that happens, and they must be named in the LPA from the outset — they cannot be added later once the LPA is signed and registered.
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When a replacement takes over
- An original attorney dies
- An original attorney loses mental capacity
- An original attorney resigns formally, by disclaiming their appointment in writing
- An original attorney becomes bankrupt or subject to a debt relief order — financial LPA only
- A spouse or civil partner attorney's marriage or civil partnership to the donor ends, unless the LPA says the appointment continues regardless
Until one of those events happens, a replacement has no power whatsoever. They cannot help out informally, cannot sign anything on the donor's behalf, and cannot be added to a bank mandate — even if the original attorney is simply on holiday or temporarily unwell.
How they are named and how they sign
Replacements are listed in the LPA alongside the original attorneys, in a dedicated section of the form, and they sign the document themselves at the time it is made — in the same way and with the same formality as the original attorneys. They cannot be added afterwards: doing so means the donor making an entirely new LPA, which is only possible while the donor still has mental capacity to do so.
| Role | Authority now | Authority once triggered |
|---|---|---|
| Original attorney | Full, once the LPA is registered | Full, unless and until they can no longer act |
| Replacement attorney | None whatsoever | Full, once an original attorney can no longer act |
| Person to notify | None, ever | None — they are only informed when the LPA is first registered |
Two ways a replacement can be structured
- As a general replacement for the whole panel of attorneys, taking over once none of the originals can act
- As a specific replacement for one named attorney, stepping in for that person alone while the others continue
The second option matters where attorneys act jointly for at least some decisions: naming a specific replacement for each original keeps that joint requirement working even after one person drops out, rather than the whole arrangement failing.
Common mistakes
- Assuming a replacement can step in temporarily, for example while an attorney is abroad — they cannot, the trigger events are fixed
- Naming a replacement who is also an attorney's family member acting as certificate provider, which is not permitted
- Leaving the replacement section blank and only realising the gap once an attorney has already died or lost capacity
- Believing a solicitor or the OPG can insert a replacement after the fact — only a new LPA, made by the donor with capacity, can do this
Worked example
Robert names his wife, Anne, as his sole attorney for both LPAs, and names his son, Mark, as replacement. For fifteen years, Anne acts alone whenever needed and Mark has no role at all. When Anne later develops dementia and can no longer act, Mark automatically becomes the attorney under the existing LPA — nothing needs to be resigned, reissued or re-registered, because the replacement mechanism was built into the document from the start.
Common questions
Can a replacement attorney be a different person on each LPA?
Yes. The Property & Financial Affairs LPA and the Health & Welfare LPA are separate documents and can name entirely different people, including different replacements.
Does a replacement need to be told they have been named?
They sign the LPA at the time it is made, so they already know. It is worth explaining clearly what would be expected of them if the time comes.
Can a replacement refuse to act when the time comes?
Yes, in the same way an original attorney can decline or resign. If no other replacement is named at that point, the position reverts to whatever would happen with no replacement at all.
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.
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 Lasting Powers of Attorney in England and Wales. We are not a law firm and this is not legal advice about your situation. What we do and do not do.