Choosing the LPA attorney
Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell
Choosing the LPA attorney

The following Private Client guidance note Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell provides comprehensive and up to date legal information covering:

  • Choosing the LPA attorney
  • Who can act as attorney?
  • Number of attorneys
  • Replacement attorneys
  • Invalid restrictions where more than one attorney appointed

Choosing who to appoint as attorney is the most important part in the process of making a Lasting Power of Attorney (LPA), as the attorney will be the person making decisions about the donor's property and financial affairs and/or health and welfare should the donor become incapacitated. Acting as an attorney is an important role. The donor should choose someone they trust who knows them well enough to make decisions that are in their best interests. (For safeguards to consider when choosing and appointing attorneys, see: Misuse of EPAs and LPAs and its prevention).

Who can act as attorney?

A donor can choose whoever they wish to act as attorney, be it a friend, family member, a professional or a trust corporation, provided they are:

In the case of a health and care LPA:

  1. an individual aged 18 or over with mental capacity

In the case of a financial LPA:

  1. an individual aged 18 or over with mental capacity, who is not bankrupt or a person in relation to whom a debt relief order applies, or

  2. a trust corporation

If an attorney of a Financial LPA becomes bankrupt after the LPA has been made, they will no longer be able to act.

If a donor chooses a spouse or civil partner to act as an attorney, their power to act as such will cease