Can this person be my attorney?
The short answer
Are they aged 18 or over?
Do they have mental capacity to make decisions for themselves?
Are they currently bankrupt, or subject to a debt relief order?
This only affects a Property & Financial Affairs LPA.
Have they ever had money problems you would be uneasy about?
Not a legal bar — a judgement call about suitability.
Have you asked them, and are they willing to act?
Do they live outside the UK?
Are they paid to provide your care, or employed by your care home?
Are they a professional (solicitor or accountant) you would pay to act?
Result
Answer the questions above to see whether this person can be appointed.
The three legal bars, in full
| Requirement | Applies to | What happens if ignored |
|---|---|---|
| Aged 18 or over | Both LPA types | The OPG rejects the LPA at registration |
| Has mental capacity | Both LPA types | The appointment is invalid and the LPA may be refused |
| Not bankrupt / no debt relief order | Property & Financial Affairs only | The appointment ends automatically — if they were your only attorney, the LPA stops working |
Things people assume are banned, but are not
- Your spouse or partner. Very common and perfectly allowed, including where you are both making LPAs naming each other.
- Someone who inherits under your will. Allowed. Most attorneys are adult children who are also beneficiaries.
- Someone living overseas. Allowed, but slow in practice.
- An attorney who is also your certificate provider. This one is banned — see the certificate provider checker.
Choosing well, not just legally
Eligibility is the low bar. The practical test is whether the person is organised enough to deal with banks and paperwork, close enough to know what you would want, and trusted by the rest of your family so that nobody challenges their decisions later. Where you are unsure, appointing two attorneys jointly and severally gives you a built-in second pair of eyes — see the jointly and severally checker.
Common questions
Can I appoint more than one attorney?
Yes, and most people do. There is no legal maximum, though more than three or four becomes unwieldy. Use the attorney decision tool to see how many to appoint and how they should act together.
What if my attorney becomes bankrupt later?
Their appointment on a financial LPA ends at that point. Naming a replacement attorney when you make the LPA is the cheapest way to protect against this.
Do attorneys have to live in England or Wales?
No. The LPA must be made under the law of England and Wales, but attorneys can live anywhere.
Sources: GOV.UK — choosing your attorneys and the Mental Capacity Act 2005.
Ready to appoint them?
Take the free suitability check, then complete your LPA online for £49 per LPA. We check your attorney details for the problems above as you go.
The Office of the Public Guardian charges a separate £82 to register each LPA.