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Can I have more than one attorney in an LPA?

Can I have more than one attorney in an LPA?

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Can I Have More Than One Attorney in an LPA?

Understanding Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document in the UK. It allows you to appoint one or more people to help make decisions on your behalf.

This is crucial if you lose the capacity to make decisions in the future. There are two types of LPA: one for health and welfare, and the other for property and financial affairs.

Appointing Multiple Attorneys

You can appoint more than one attorney in your LPA. This can provide a system of checks and balances, offering reassurance that decisions are well-considered.

When appointing multiple attorneys, you need to decide how they will make decisions. They can act 'jointly,' 'jointly and severally,' or a combination of both.

Acting Jointly or Jointly and Severally

If your attorneys are appointed to act jointly, they must agree on all decisions unanimously. This reduces the risk of rash or impulsive decisions.

If they are appointed to act jointly and severally, each attorney can make decisions independently. This provides flexibility and can be efficient if one attorney is unavailable.

The Benefits of Multiple Attorneys

Having more than one attorney can offer peace of mind. It ensures that decisions are balanced and considered from multiple perspectives.

Multiple attorneys can also share responsibilities, reducing the burden on any single individual.

Choosing the Right Attorneys

It is crucial to choose attorneys who are trustworthy. Consider individuals who understand your values and wishes.

You should also weigh their ability to work collaboratively if they need to act jointly. Ensure they can communicate effectively to make coherent decisions.

Considerations and Legal Advice

Mistakes in setting up an LPA can have significant consequences. It is advisable to seek legal advice to ensure all legal requirements are met correctly.

Solicitors can provide guidance on structuring your LPA to suit your specific needs, ensuring clarity in how your attorneys can act.

Conclusion

In summary, appointing multiple attorneys in your LPA can provide robust decision-making support. It offers flexibility and distributes responsibility.

It is important to carefully consider your choices and seek professional advice. This ensures the arrangements are set up to best reflect your preferences and interests.

Frequently Asked Questions

Can I appoint more than one attorney in a Lasting Power of Attorney (LPA)?

Yes, you can appoint more than one attorney in an LPA.

Is it beneficial to have multiple attorneys in an LPA?

Having multiple attorneys can ensure that decisions are balanced and reduce the risk of misuse of power.

What is the maximum number of attorneys I can appoint in an LPA?

There is no set maximum number, but practical considerations usually mean people appoint two to four attorneys.

How can multiple attorneys act under an LPA?

Attorneys can act jointly, severally, or jointly and severally depending on your instructions.

What does it mean for attorneys to act 'jointly'?

Acting jointly means all attorneys must agree on every decision.

What does it mean for attorneys to act 'severally'?

Acting severally means any one of the attorneys can make a decision independently.

Can I choose some decisions to be made jointly and some severally?

Yes, you can specify which decisions must be made jointly and which can be made severally.

What should I consider when appointing multiple attorneys?

Consider their ability to work together, their trustworthiness, and their geographic proximity.

What if the attorneys disagree on a decision?

If acting jointly, they must agree, or the decision cannot be made. If acting severally, any attorney can decide.

Do all the attorneys need to live in the same location?

No, but proximity can help with making decisions that require presence.

Can I appoint a replacement attorney if one of them cannot act?

Yes, you can appoint replacement attorneys in the LPA in case any original attorney can no longer act.

Is it possible to revoke the appointment of one of the attorneys?

Yes, you can revoke an attorney’s appointment, but it must be done formally.

Can I specify different responsibilities for each attorney?

Yes, you can assign specific duties to each attorney if you wish.

What is a 'jointly and severally' arrangement for attorneys?

This arrangement allows attorneys to make decisions together or separately.

Will the LPA be invalid if one of my attorneys can no longer act?

The LPA will continue with the remaining attorneys unless acting jointly is specified.

How do I register multiple attorneys in an LPA?

All appointed attorneys need to sign the registration form, and their details must be included in the LPA document.

Can I appoint a professional (e.g., a solicitor) as one of the attorneys?

Yes, you can appoint a professional as one of your attorneys.

Is it more expensive to register an LPA with multiple attorneys?

No, the registration fee remains the same regardless of the number of attorneys.

Should I consult a lawyer when appointing multiple attorneys?

It’s advisable to consult a lawyer to ensure your preferences are clearly expressed in the LPA.

Can attorneys be changed after the LPA is registered?

Yes, but changes must follow legal procedures, and a new LPA may be required.

Useful Links

Useful Links : Can I have more than one attorney in an LPA?
Lasting Power of Attorney - British Red Cross

Information about lasting power of attorney, including multiple attorneys.
Age UK - Setting up a lasting power of attorney

Guidance on setting up a lasting power of attorney and choosing attorneys.
NHS - Power of Attorney

NHS overview of lasting power of attorney including multiple attorneys.
Scope - Planning for the future

Scope advice on lasting power of attorney and having more than one attorney.
British Heart Foundation - Lasting power of attorney

BHF advice on the roles and responsibilities of multiple attorneys.
Independent Age - Making a lasting power of attorney

Independent Age guidance on appointing more than one attorney.
Mencap - Power of attorney

Information from Mencap on setting up multiple attorneys in LPA.
Important Information On Using This Service


This website offers general information and is not a substitute for professional advice. Always seek guidance from qualified professionals. If you have any medical concerns or need urgent help, contact a healthcare professional or emergency services immediately.

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