Who can be an attorney?

The basic rules

When you make a Lasting Power of Attorney (LPA), you choose who will make decisions for you. GOV.UK says your attorney must be:

• 18 or over
• able to make their own decisions (they must have mental capacity)

For a property and financial affairs LPA, your attorney cannot be someone who is bankrupt or subject to a Debt Relief Order.

Your attorney does not need to live in the UK or be a British citizen. If you are thinking ahead, it may also help to read what happens when there is no LPA in place. If you would like a reminder of what an LPA covers, see our introduction to LPAs.

Who do people usually choose?

GOV.UK gives examples of people you might appoint:

• a relative
• a friend
• a professional, such as a solicitor
• your husband, wife or partner

A professional attorney will usually charge for their time. Family and friends usually act without payment, although they can claim reasonable expenses.

What to think about when choosing

The legal rules are fairly simple. The harder part is choosing well. Questions to ask yourself include:

• Do I trust this person to act in my best interests, not their own?
• Are they good with money and paperwork, if this is a financial LPA?
• Do they know my values and wishes about care and treatment?
• Do they live close enough, or can they manage things remotely?
• Will they have the time and willingness to take this on?
• How well will they work with any other attorneys?

Talk to the person first. Being an attorney is a real responsibility, and they need to agree to it.

Appointing more than one attorney

You can appoint one attorney or several. If you have more than one, you must say how they will make decisions:

• Jointly and severally – they can act together or separately. This is often more flexible.
• Jointly – they must all agree on every decision. If one can no longer act, the LPA may stop working unless you have planned for this.
• A mix – jointly for some decisions and jointly and severally for others.

The choice can affect how practical the LPA is to use, so it is worth thinking it through.

Replacement attorneys

You can also name replacement attorneys. They step in if an original attorney can no longer act, for example because they die, lose capacity or no longer want to do it. Naming replacements can help keep your LPA working for longer.

What attorneys must do

Attorneys must follow the Mental Capacity Act 2005. According to GOV.UK, they must act in your best interests, help you make your own decisions where possible, keep your money separate from theirs, keep records and respect your confidentiality. They cannot use their position to benefit themselves.

A practical example

Anita has three adult children. One is an accountant who lives nearby; another lives in Canada. She appoints the nearby child and her sister as attorneys for her property and financial affairs, acting jointly and severally, so either can deal with urgent bills. She names her child in Canada as a replacement. For health and welfare, she chooses all three, because she wants her family involved in care decisions, and she writes preferences about where she would like to live.

Who else is involved?

Attorneys are not the only people involved in an LPA. You also need a certificate provider, who confirms you understand the LPA and are not under pressure, and witnesses for the signatures. GOV.UK says attorneys can witness each other signing, but they cannot witness you sign. You can read about these steps in our guide to registering an LPA.

Scotland and Northern Ireland

These rules apply to LPAs in England and Wales. Scotland and Northern Ireland have their own systems; see mygov.scot and nidirect.

When to get professional help

Professional help may be useful if:

• you have no one you feel comfortable appointing
• there is tension in your family about who should act
• you have complex finances or a business
• you are unsure how joint arrangements will work in practice

If you are worried that an attorney is not acting properly, the Office of the Public Guardian can investigate concerns.

Next steps

If you would like help making or registering an LPA, you can find out about our Lasting Power of Attorney service or go straight to the short LPA questionnaire. WillHarbour is an introduction service, not a law firm. With your permission, we pass your enquiry to up to three suitable firms, such as solicitors or will-writing companies. Each must tell you about its fees and its referral arrangement with us before you decide whether to instruct it.