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Who can be appointed as an attorney under an LPA?
Under a Lasting Power of Attorney (LPA) in England and Wales, an attorney is the person you choose to make decisions on your behalf if you lose capacity in the future. This can be someone you know well and trust, such as a family member, friend, or professional adviser.
There is no rule that says your attorney must be related to you. The key requirement is that the person must be willing and able to take on the role responsibly.
Who is eligible to act as an attorney?
To be appointed as an attorney, a person must usually be at least 18 years old. They must also have mental capacity themselves so they can understand the duties involved.
If the LPA is for property and financial affairs, the attorney can be an individual or, in some cases, a trust corporation such as a professional trustee company. For a health and welfare LPA, the attorney must be an individual.
Common choices for attorneys
Many people choose a spouse, civil partner, adult child, sibling, or close friend. These are often people who already understand your values and preferences.
Some people prefer to appoint more than one attorney. This can provide reassurance and allow decisions to be shared, although it is important to think about how they will work together.
Can professionals be appointed?
Yes, a solicitor or other professional can be appointed as an attorney, particularly for financial matters. This may be useful if you have a complex estate or want someone with specialist knowledge.
However, professional attorneys usually charge for their services. Before choosing one, you should consider whether the cost is worth the benefit and whether the person is suitable for your circumstances.
Who should not be appointed?
You should not appoint someone who is unlikely to act in your best interests or who may struggle with the responsibilities. For example, it may be unwise to choose someone with serious financial difficulties or someone who does not understand your wishes.
It is also sensible to avoid appointing someone if there is a risk of conflict, unless you are confident they can handle the role fairly. The person you choose should be trustworthy, available, and prepared to act when needed.
Important practical points
An attorney must sign the LPA form to confirm that they agree to act. They should understand that the role carries legal duties, including acting in your best interests and keeping proper records when needed.
It is also possible to appoint replacement attorneys. These people step in if your original attorney can no longer act, which can help ensure your LPA still works in the future.
Frequently Asked Questions
The basic requirements for LPA attorney appointment criteria typically include being an adult with mental capacity to make the appointment, understanding the role of an attorney, and completing the legal form correctly and voluntarily.
A person is generally eligible for LPA attorney appointment criteria if they are the donor, have sufficient mental capacity to understand the authority they are granting, and are not being pressured into making the appointment.
Under LPA attorney appointment criteria, an attorney is usually someone trusted by the donor, often a family member, friend, or professional, who is an adult and legally capable of acting in the role.
Yes, LPA attorney appointment criteria usually allow the appointment of more than one attorney, either to act jointly, jointly and severally, or in a combination depending on how the LPA is drafted.
LPA attorney appointment criteria require the donor to have mental capacity at the time of making the appointment and to understand what powers are being given, to whom, and the consequences of doing so.
Yes, LPA attorney appointment criteria often permit a family member to be appointed as an attorney, provided they meet any legal eligibility requirements and the donor trusts them to act in the donor's best interests.
Yes, LPA attorney appointment criteria can allow a professional such as a solicitor or accountant to be appointed, as long as they are eligible and willing to act.
A person may be disqualified under LPA attorney appointment criteria if they are under the legal age requirement, bankrupt in some financial roles, otherwise legally restricted, or unable to understand or carry out the duties involved.
No, LPA attorney appointment criteria generally do not require the attorney to live locally, although practical considerations such as availability, communication, and willingness to act are important.
In many cases, LPA attorney appointment criteria do not prohibit an attorney from living outside the country, but distance may affect how easily they can carry out their duties and should be considered carefully.
LPA attorney appointment criteria usually require the attorney to be an adult, meaning they must have reached the legal age of majority at the time of appointment.
In most cases, LPA attorney appointment criteria do not require special qualifications, because the role is based on trust and capacity rather than professional credentials, unless the document or law specifies otherwise.
Yes, LPA attorney appointment criteria often allow the donor to name replacement attorneys who can step in if the original attorney can no longer act, subject to the rules set out in the LPA document.
LPA attorney appointment criteria generally require the chosen attorney to consent to act, either by signing the document or otherwise confirming their willingness to accept the role.
Yes, LPA attorney appointment criteria commonly involve witnessing requirements to help confirm that the donor signed voluntarily and understood the document, although the exact rules depend on the jurisdiction.
Yes, a spouse can often be appointed under LPA attorney appointment criteria if they are eligible, willing, and trusted by the donor to make decisions in line with the donor's wishes and interests.
Yes, an attorney appointed under LPA attorney appointment criteria can often be removed or replaced by the donor while the donor still has capacity, and may also cease acting if they resign, die, or become unable to act.
Before LPA attorney appointment criteria are accepted, checks are usually made to confirm the donor's identity, capacity, proper completion of the form, valid signatures, witness details, and attorney eligibility and consent.
LPA attorney appointment criteria determine who may legally make decisions for the donor and under what conditions, including whether the attorney can act immediately, only after incapacity, and whether decisions must be made jointly or individually.
LPA attorney appointment criteria are important because they help ensure that the appointed attorney is suitable, legally eligible, and able to act in the donor's best interests while reducing the risk of invalid or disputed appointments.
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