Who Should I Appoint as My Attorney?

The short answer

You should appoint someone you trust completely who is willing and able to make decisions in your best interests if you are no longer able to make them yourself.

Choosing an attorney is one of the most important decisions you’ll make when creating a Lasting Power of Attorney (LPA). Taking the time to choose the right person can give you confidence that your wishes will be respected if the unexpected happens.

What does an attorney do?

An attorney is the person you appoint to make decisions on your behalf if you lose the mental capacity to do so yourself.

Depending on the type of Lasting Power of Attorney you have in place, they may be responsible for:

• Managing your finances and bank accounts
• Paying bills and dealing with your property
• Making decisions about your healthcare and medical treatment
• Helping ensure your affairs are managed in your best interests

Your attorney has a legal duty to act in accordance with the Mental Capacity Act 2005 and must always make decisions that are in your best interests.

What should I look for in an attorney?

When deciding who to appoint, consider whether they are:

Trustworthy

You are giving them significant legal responsibility, so they should be someone you trust completely.

Reliable

Your attorney should be someone who can step in when needed and deal with important matters promptly.

Capable

They should feel comfortable managing finances, making practical decisions, or dealing with professionals such as banks, care providers, or healthcare teams.

Willing to act

Before appointing someone, make sure they are happy to take on the role and understand what it involves.

Who can I appoint?

Many people choose to appoint:

• Their spouse or partner
• An adult child
• Another family member
• A trusted friend

There is no requirement for your attorney to be a family member. The most important factor is that they are someone you trust to act in your best interests.

Should I appoint more than one attorney?

Many people choose to appoint two or more attorneys.

Having multiple attorneys can:

• Provide an extra layer of protection
• Share responsibility
• Reduce the risk of one person being unavailable
• Offer different skills and perspectives

You can decide whether your attorneys act:

• Jointly – they must make every decision together.
• Jointly and severally – they can make decisions together or independently, giving greater flexibility if one attorney is unavailable.

We can explain which arrangement may be most suitable for your circumstances.

Things to consider before choosing

Before making your decision, think about:

• Whether your chosen attorneys get along and can work together
• Whether they live close enough to help if needed
• Whether they have the time and availability to act
• Whether they understand your wishes and values
• Whether they are likely to be able to fulfil the role over the long term

Choosing the right attorney now can help avoid complications later.

What if my circumstances change?

Your Lasting Power of Attorney is not set in stone.

As long as you still have mental capacity, you can change or replace your attorneys if your circumstances change, such as following a relationship breakdown or if an attorney is no longer able to act.

How Attwells Solicitors can help

Choosing an attorney isn’t always straightforward, particularly if you’re deciding between family members or considering appointing more than one person.

Our experienced team can:

• Help you decide who is best placed to act as your attorney
• Explain the advantages and disadvantages of different appointment arrangements
• Prepare your Lasting Power of Attorney correctly
• Ensure your documents accurately reflect your wishes

If you’re unsure who to appoint as your attorney, we’re here to help.

Find out more about our Lasting Power of Attorney services or request a fixed-fee quote today.