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How to Choose Your Attorneys for an LPA — Selection Guide

How-To Guide8 min read13 April 2026

Quick Answer

Choose attorneys who are trustworthy, willing, available, and capable. Most people choose a spouse, adult children, or close friends. Consider appointing more than one attorney and always name replacement attorneys as backup.

Key Facts

  • Attorneys must be 18 or over with mental capacity.
  • For financial LPAs, attorneys must not be bankrupt.
  • Most people choose close family members or trusted friends.
  • You can appoint one attorney or several.
  • Multiple attorneys can act jointly, jointly and severally, or a mixture.
  • Replacement attorneys provide a crucial safety net.
  • Always ask someone before naming them as your attorney.

Why does choosing the right attorneys matter?

Your attorneys will have significant legal power over your finances, your health care, or both. Choosing the wrong person could lead to financial mismanagement, decisions that do not reflect your wishes, or family conflicts. This is arguably the most important decision in the entire LPA process.

The good news is that most people have suitable candidates already in their lives — the challenge is thinking through who is the best fit. For more on attorney requirements, see our guide on who can be an attorney on an LPA.

What qualities should you look for?

Consider these factors when choosing your attorneys:

Trustworthiness

This is the most important quality. Your attorney will have access to your bank accounts (financial LPA) or the power to make medical decisions (health LPA). You must trust them completely.

Willingness

Being an attorney is a serious responsibility. Always discuss it with the person before naming them. Some people may feel uncomfortable with the responsibility, and it is better to find out before the form is signed than after.

Competence

For a financial LPA, your attorney should be reasonably competent at managing money and dealing with paperwork. For a health LPA, they should understand your values around medical care and be able to make difficult decisions under emotional pressure.

Availability

Your attorney needs to be practically available when needed. Someone who lives abroad, travels frequently, or has significant time commitments may not be the best choice for day-to-day financial management. However, they might be fine as one of several attorneys acting jointly and severally.

Age and health

Consider whether your attorney is likely to be able to act when you need them. Appointing someone significantly older than you may mean they lose capacity before you do. This is one reason replacement attorneys are so important.

How many attorneys should you appoint?

You can appoint as many attorneys as you wish, but practical considerations apply:

  • One attorney: Simple and efficient, but no backup if they become unavailable. Always name replacement attorneys if you go this route.
  • Two attorneys: The most common choice. Provides a second opinion and backup.
  • Three or more: More oversight but can be harder to coordinate, especially if they must act jointly.

How should multiple attorneys make decisions?

If you appoint more than one attorney, you must choose how they work together:

  • Jointly — all must agree on every decision. Maximum oversight, but if one attorney becomes unavailable, the LPA stops working (unless you have replacements). Not practical for routine decisions.
  • Jointly and severally — they can act together or independently. The most flexible option. Any one attorney can handle day-to-day matters while all can be involved in bigger decisions.
  • Jointly for some decisions, jointly and severally for others — you can require agreement on major decisions (like selling property) but allow individual action on routine matters (like paying bills).

Most people choose jointly and severally for its flexibility. Learn more at gov.uk/power-of-attorney.

Who are the most common choices?

  • Spouse or partner — the most popular choice, especially for younger couples.
  • Adult children — very common for parents setting up LPAs.
  • Siblings — a good choice if you are single or do not have children.
  • Close friends — suitable if you do not have close family or want an independent voice.
  • Professionals — solicitors or financial advisers can act as attorneys but usually charge for their services.

Should you appoint replacement attorneys?

Yes, always. Replacement attorneys step in if an original attorney dies, loses mental capacity, or decides they can no longer act. Without replacements:

  • If you have a sole attorney and they cannot act, the LPA becomes unusable.
  • If you have joint attorneys and one cannot act, the LPA stops working entirely.

Appointing at least one replacement is one of the simplest and most important safeguards you can add to your LPA.

How do you name your attorneys in the LPA form?

myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.

The myLPA Guide questionnaire walks you through the attorney selection process step by step, asking for each person's details and helping you decide how they should work together. Everything is explained in plain English.

Common mistakes when choosing attorneys

  • Not asking first — naming someone without their knowledge can lead to awkward situations and an attorney who is not truly willing.
  • Choosing based on obligation — picking your eldest child because they "should" be the attorney, rather than the child best suited to the role.
  • Appointing people who do not get along — if your attorneys cannot work together, joint decisions become impossible.
  • Forgetting replacement attorneys — leaving no backup is risky, especially for jointly-appointed attorneys.
  • Not considering the financial LPA bankruptcy rule — an attorney on a Property and Financial Affairs LPA must not be bankrupt.

Frequently Asked Questions

Can I change my attorney after the LPA is registered?

No, you cannot amend a registered LPA. To change your attorneys, you would need to revoke the existing LPA and create a new one — which requires you to still have mental capacity.

Can I appoint the same attorneys for both types of LPA?

Yes. You can use the same attorneys for both your Property and Financial Affairs LPA and your Health and Welfare LPA, or you can choose different people for each.

Should I choose my oldest child?

Not necessarily. Choose the child who is most trustworthy, capable, and willing — not based on birth order. You can also appoint multiple children as attorneys.

What if my chosen attorney lives abroad?

There is no residency requirement, but practical availability matters. An attorney overseas may struggle to manage day-to-day finances or attend medical appointments. Consider them as one of several attorneys, or as a replacement attorney.

Can my attorney pay themselves for their work?

Non-professional attorneys are not entitled to payment, though they can claim reasonable expenses. Professional attorneys (such as solicitors) can charge for their services if this is agreed.

What happens if I do not name a replacement attorney?

If your sole attorney or all of your jointly-appointed attorneys become unable to act and you have no replacements, the LPA becomes unusable. If you have lost capacity, someone would need to apply to the Court of Protection for a deputyship.

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