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When it comes to setting up a Lasting Power of Attorney (LPA), a common question is, "Can I appoint more than one person to act as my attorney?" The answer is yes; you can appoint multiple attorneys, and in fact, many people choose to do so to ensure that trusted individuals can manage their affairs if needed. This article explores the LPA process, how you can appoint more than one person, and what to consider when making these important decisions.
Understanding the Two Types of LPA
In England and Wales, there are two distinct types of Lasting Powers of Attorney:
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Property and Financial Affairs LPAThis grants authority to manage financial matters, including bank accounts, investments, benefits, and property transactions.
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Health and Welfare LPA, This authorizes an attorney to make decisions about your personal care, medical treatment, living arrangements, and other health-related matters when you are no longer able to make those decisions yourself.
You can set up one or both types of LPAs depending on your needs. Importantly, you may appoint different attorneys for each type if you wish. For instance, you might trust a close friend to manage your finances but prefer a family member or professional solicitor to oversee healthcare decisions.
Appointing More Than One Attorney: How Does It Work?
You are allowed to appoint more than one attorney, and often it is encouraged. Appointing two or more attorneys can:
- Spread responsibility,
- Provide backup if an attorney is unavailable,
- Ensure continuity in decision-making.
When appointing multiple attorneys, you must decide how they will act:
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Jointly: All attorneys must agree and make decisions together.
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Jointly and Severally: Attorneys can make decisions independently or together. If one cannot act, the others can continue.
Most people opt for the "jointly and severally" option to provide flexibility and avoid delays.
You can also appoint replacement attorneys, individuals who will step in if your original attorney(s) cannot act.
Can Attorneys Be Non-Family Members?
Contrary to common belief, your attorney doesn’t have to be a family member. You can appoint anyone you trust who is over 18 and not bankrupt. This includes:
- Trusted close friends,
- Neighbours who have been part of your life for many years,
- Professionals such as solicitors or accountants,
- Community figures or colleagues you rely on.
Choosing someone who will act solely in your best interests is critical. For those concerned about family dynamics, professional attorneys, such as solicitors from firms like Lanyon Bowdler or Talbots Law, offer impartial and legally accountable support, though they may charge for their services.
What to Consider When Choosing Your Attorneys
Selecting the right person or people to act as your attorney is one of the most important steps in setting up an LPA. Consider:
- Trustworthiness: Do they consistently act in your best interests?
- Reliability: Are they dependable and level-headed?
- Understanding: Do they comprehend your values and wishes?
- Availability: Are they likely to be accessible when needed?
- Willingness: Are they prepared to take on the responsibility?
In some cases, people choose to appoint a combination of family, friends, and professionals to cover different areas of decision-making. For example, Lyons Bowe offers tailored legal advice to help older clients find the right mix for their situation.
The Importance of Setting Up an LPA Early
There’s no set age to create an LPA, but it’s crucial to set one up while you still have mental capacity. Mental capacity is the ability to make, understand, and communicate decisions. Once lost, you cannot create an LPA, and the only alternative is applying to the Court of Protection, a time-consuming and costly process.
Registering your LPA with the Office of the Public Guardian (OPG) is mandatory before it can be used. This registration process can take several weeks, so early setup ensures your attorneys are ready to act when needed.
How Talbots Law and Lanyon Bowdler Can Assist
Setting up an LPA can be complex, especially when deciding who to appoint and navigating legal forms. Talbots Law specializes in wills, probate, and lasting powers of attorney, providing compassionate guidance to clients facing difficult decisions. Similarly, Lanyon Bowdler offers expert support for clients wanting tailored advice for LPAs, ensuring your wishes are clearly documented.
Whether you choose to use a solicitor or a DIY route through GOV.UK, professional advice from firms like these can help reduce errors and ensure your LPA is valid and suited to your needs.
Disclaimer
This article is provided for general information only and does not constitute legal or financial advice. While we aim to keep our content accurate and up to date, laws, regulations, and individual circumstances can change.
If you are considering setting up a Lasting Power of Attorney or have questions about your specific situation, you should seek advice from a qualified solicitor or other regulated legal professional before making any decisions.
