Choosing your attorneys
Your attorneys are the people you trust to make decisions for you if you can’t. Here’s who can be an attorney, how many to choose, and the choices you’ll make about how they work together.
Checked by Steve Ryan, founder
October 2026
Who can be an attorney
An attorney must be 18 or over and able to make their own decisions. They could be:
- your husband, wife or partner
- a son, daughter or other relative
- a friend
- a professional, such as a solicitor
For a property and financial affairs LPA, an attorney can’t be bankrupt or subject to a Debt Relief Order. Attorneys don’t need to live in the UK or be British citizens, though someone nearby is often more practical, especially for health and welfare decisions.
Most people choose family or friends, who usually act without being paid. Professional attorneys charge fees, which have to be set out in the LPA. If you’re thinking of appointing a professional, talk to us first.
Questions to ask yourself
- Do I trust them completely? They’ll have a lot of power over your money or your care.
- How well do they manage their own affairs? Especially important for money and property.
- Will they be willing? Ask them first, and talk to them about what matters to you.
- Are they likely to be able to help when needed? Someone your own age may face the same health challenges at the same time.
- Will they get on with each other? If you choose more than one, they’ll need to work together.
You can choose different attorneys for each type of LPA. Some people choose one person to look after their money and another to make decisions about their care.
How many attorneys?
You can choose one attorney or several. One is the simplest, but if they can no longer act and you haven’t named a replacement, your LPA stops working. More attorneys give more cover, but can be harder to coordinate.
How your attorneys make decisions
If you choose more than one attorney, you decide how they act:
Together or on their own
Any attorney can make a decision alone, or they can act together. If one can no longer act, the others carry on. This is the most flexible choice, and the one most people pick. (Legally: “jointly and severally”.)
Always together
Your attorneys must all agree on every decision, however small. If one of them can no longer act, the LPA stops working unless you’ve named replacements. (Legally: “jointly”.)
Together for some decisions
For example, any attorney can pay everyday bills, but they must all agree to sell your home. The wording has to be precise, or the LPA can be rejected, so we check it carefully.
Replacement attorneys
Replacement attorneys are back-ups. A replacement automatically steps in if one of your attorneys:
- dies or loses the ability to make decisions
- decides they no longer want to act
- was your husband, wife or civil partner and the relationship legally ends (unless your LPA says they can carry on)
- becomes bankrupt or subject to a Debt Relief Order (property and financial affairs LPAs only)
A replacement can’t stand in temporarily, for example while an attorney is on holiday, and you can’t choose other situations for them to start acting in. Replacements are especially important if you have only one attorney, or if your attorneys must make decisions together.
Choices you’ll make for each type of LPA
Property and financial affairs: when can it be used?
You choose whether your attorneys can act as soon as the LPA is registered, with your permission, or only when you can’t make decisions yourself. The first lets them help while you’re well, for example if you’re in hospital or abroad, and you stay in control for as long as you can make your own decisions. With the second, banks sometimes ask for written confirmation that you can no longer make decisions before they’ll accept your attorneys.
Property and financial affairs: online banking, investments and online accounts
Your attorneys can only do what your LPA allows. If you’d like them to be able to bank online for you, keep investments managed by your financial adviser or bank, or access your online accounts and assets, your LPA needs specific wording for each. Without it, attorneys shouldn’t use your online banking, even if they know your login details. Our form asks about all three, and we add the wording for you.
Health and welfare: life-sustaining treatment
You choose whether your attorneys can give or refuse consent to life-sustaining treatment on your behalf, or whether your doctors decide. There’s no right answer. Whatever you choose, it helps to talk to your attorneys about your wishes.
What your attorneys must do
Attorneys must follow the Mental Capacity Act. In short, they must:
- act in your best interests, and involve you in decisions as much as possible
- follow any instructions in your LPA and take your preferences into account
- keep your money separate from their own and keep records (property and financial affairs)
Attorneys can claim reasonable expenses, such as postage and travel, but family and friends aren’t usually paid. The Office of the Public Guardian can investigate if there are concerns about an attorney.
Checked by Steve Ryan, founder of yourLPA and a member of the Society of Will Writers, against the Office of the Public Guardian’s guidance in October 2026. This guide is general information for people in England and Wales, not personal advice.