Who can be an attorney under an LPA?
Anyone aged 18 or over with mental capacity, with one significant exception: an undischarged bankrupt or someone subject to a debt relief order cannot be an attorney on a Property & Financial Affairs LPA.
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- £49 per LPA, or £79 for both types
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The Office of the Public Guardian charges a separate £92 to register each LPA.
Eligible and ineligible
| Person | LP1F (money) | LP1H (health) |
|---|---|---|
| Adult child, sibling, friend | Yes | Yes |
| Spouse or partner | Yes | Yes |
| Professional (solicitor, accountant) | Yes, usually for a fee | Uncommon but allowed |
| Undischarged bankrupt | No | Yes |
| Subject to a debt relief order | No | Yes |
| Under 18 | No | No |
| Lacking mental capacity | No | No |
| Paid carer or care home owner | Allowed but questionable — take advice | Same |
| A trust corporation | Yes | No |
| Living outside England and Wales | Yes, no residence rule | Yes, no residence rule |
Practical restrictions
- An attorney cannot be the certificate provider on the same LPA.
- An attorney cannot witness the donor's signature.
- Attorneys living abroad are allowed, but banks may make life difficult — see can my attorney live abroad.
- If a financial attorney becomes bankrupt later, their appointment ends automatically.
- An attorney does not need any qualification, training or DBS check — the safeguard is the donor's own choice, backed up by the certificate provider and OPG registration checks.
The risk profile of common choices
| Who | Common concern | How it is usually managed |
|---|---|---|
| A single adult child | No backup if they cannot act | Name a replacement attorney |
| Several children together | Deadlock if appointed jointly | Appoint jointly and severally instead |
| A spouse of similar age | Both may lose capacity around the same time | Name an adult child as replacement |
| A friend rather than family | Family may query the choice later | A clear certificate provider assessment reduces the risk of challenge |
| An attorney overseas | Slower banking and care decisions | Pair with a UK-based attorney, jointly and severally |
Why the bankruptcy rule exists
The bankruptcy bar applies only to the Property & Financial Affairs LPA, and only for as long as the bankruptcy or debt relief order lasts. The reasoning is straightforward: an attorney manages someone else's money, and a person who is themselves under financial supervision by the Insolvency Service is not well placed to do that. The rule does not apply to a Health & Welfare LPA, because that attorney makes care and medical decisions rather than handling funds. If a financial attorney is later discharged from bankruptcy, they can be appointed afresh on a new LPA, but the original appointment does not revive automatically — a fresh document is needed.
Mental capacity is assessed at the point the attorney is asked to act, not just when the LPA is signed. Someone who develops dementia or another condition affecting capacity after being appointed simply stops being able to act as attorney from that point, without any formal process being required to remove them, though it is sensible to tell the OPG if this happens.
Worked example: eligibility in a blended family
Helen wants to appoint her husband Frank, her adult stepson Callum, and her sister Diane. Frank went through bankruptcy eight years ago and was discharged after one year, so there is no restriction on him now. Callum, aged 19 and living in Spain, is eligible despite being a stepchild and living abroad — neither blood relationship nor residence in England and Wales is required. Diane works as a part-time paid carer for an unrelated elderly client, which does not disqualify her from being Helen's attorney, though Helen's certificate provider will want to satisfy themselves that Diane understands the role is entirely separate from her paid work.
Helen appoints all three jointly and severally on her Property & Financial Affairs LPA, and Frank and Callum only on her Health & Welfare LPA, since Diane would find hospital conversations difficult given her own work commitments. Nothing about this combination breaches the eligibility rules; the only genuine restriction anywhere in Helen's plan would arise if Frank were currently bankrupt rather than discharged.
Checking eligibility before you start
None of this needs to be resolved with a solicitor. Ask each proposed attorney directly whether they are currently bankrupt or subject to a debt relief order, confirm their date of birth, and satisfy yourself that they are willing and able to act. Our free eligibility check asks the key questions in plain terms before you commit to anything, and our how it works page sets out what the online process itself involves once you are ready. If your situation is more complex than a straightforward family appointment, LPA vs solicitor explains when specialist advice is worth paying for instead.
Common questions
Can a paid carer be my attorney?
There is no legal bar, but the Office of the Public Guardian and the certificate provider will look closely at the relationship, because a paid carer benefiting financially from their own client raises an obvious conflict. Most people avoid it.
Does my attorney need to live in England and Wales?
No. There is no residence requirement, though it creates practical friction — see can my attorney live abroad.
What happens if my chosen attorney later becomes bankrupt?
On a Property & Financial Affairs LPA, bankruptcy or a debt relief order ends that person's appointment automatically. It has no effect on a Health & Welfare LPA.
Can I appoint a professional such as a solicitor as my only attorney?
Yes, though most solicitors charge an ongoing fee for acting, unlike a family member or friend. It suits donors with no suitable family or friends, or a complex financial situation. See LPA vs solicitor for how the costs compare.
Is there an age limit at the other end — can an attorney be too old?
No. There is no upper age limit for an attorney, only the minimum age of 18. It is sensible to think about whether an attorney of a similar age to the donor might lose capacity around the same time, and to name a younger replacement if so.
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.