Who can be an attorney on a Lasting Power of Attorney?
The requirements to be an attorney on an LPA are straightforward. An attorney must be:
- Aged 18 or over
- Have mental capacity (the ability to understand and make decisions)
- Not bankrupt or subject to a debt relief order (for Property and Financial Affairs LPA only)
That is it. There are no professional qualifications required, no residency requirements, and no special training needed. Most people choose family members, close friends, or trusted individuals from their personal life. You can read more about LPAs at gov.uk/power-of-attorney.
Who cannot be an attorney?
Very few people are legally disqualified from being an attorney. The main restrictions are:
- Under 18: Children cannot be attorneys.
- Bankrupt individuals — cannot be attorneys on a Property and Financial Affairs LPA (but can be attorneys on a Health and Welfare LPA).
- Anyone who lacks mental capacity — they must be able to understand the responsibility.
Note that being a professional care worker does not automatically disqualify someone, but there can be conflicts of interest if your attorney is also paid to provide your care.
Can I appoint more than one attorney?
Yes, and most people do. Appointing multiple attorneys provides several benefits: decisions can be discussed, there is a backup if one attorney becomes unavailable, and it reduces the risk of any one person abusing their power.
If you appoint more than one attorney, you must decide how they make decisions:
- Jointly — all attorneys must agree on every decision. This provides maximum oversight but can cause delays if one attorney is unavailable or if they disagree.
- Jointly and severally — attorneys can act together or independently. This is the most flexible option and is the most common choice.
- Jointly for some decisions, jointly and severally for others — a hybrid approach. For example, you might require all attorneys to agree on selling your property but allow any one of them to manage day-to-day bills.
Should I appoint replacement attorneys?
Replacement attorneys are strongly recommended. They step in if one of your original attorneys can no longer act — for example, if an attorney dies, becomes mentally incapacitated, or decides they no longer want the role.
Without replacement attorneys, your LPA could become unusable if you appointed attorneys to act jointly and one of them can no longer serve. This would mean you or your family would need to create a new LPA (if you still have capacity) or apply to the Court of Protection (if you do not).
What qualities should you look for in an attorney?
While the legal requirements are simple, choosing the right attorneys involves more thought. Consider:
- Trustworthiness — this person will have significant power over your finances or health decisions.
- Availability — they need to be practically able to act when needed. Someone living abroad may face difficulties.
- Competence — for a financial LPA, your attorney should be reasonably good at managing money and paperwork.
- Willingness — always ask before naming someone. Being an attorney is a serious responsibility and not everyone wants it.
- Relationship dynamics — if appointing multiple attorneys, consider whether they can work together without conflict.
Read our detailed guide on how to choose your attorneys for more advice.
Can a professional be an attorney?
Yes. You can appoint a professional attorney — such as a solicitor, accountant, or financial adviser. Professional attorneys typically charge for their services, which can be significant over time. Most people find that trusted family members or friends are a better choice for personal LPAs.
How do you name your attorneys on 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.
When you complete your LPA questionnaire free at myLPA Guide, you simply enter each attorney's name, date of birth, and address. The questionnaire also asks how you want your attorneys to make decisions and whether you want to add replacement attorneys — all in plain English with explanations at every step.
What responsibilities do attorneys have?
Attorneys have a legal duty to:
- Act in your best interests
- Follow any instructions in your LPA
- Consider your preferences
- Keep their own finances separate from yours
- Keep records of decisions they make on your behalf
- Not delegate their authority unless the LPA specifically allows it
If an attorney fails in these duties, they can be investigated by the OPG and removed from their role.