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When arranging a Lasting Power of Attorney (LPA) for your Mum or Dad, it’s common for more than one family member to want to play a role. You might wonder, "Can my brother and I both be attorneys?" The answer is yes; siblings can act jointly or jointly and severally as attorneys, giving you flexibility in how decisions are made.
Starting the LPA Process
Creating an LPA is a proactive way to ensure that your loved one's wishes are respected if they become unable to make decisions themselves. It's essential to start early because you cannot set up an LPA after mental capacity is lost. The process involves appointing someone you trust to manage financial or health and welfare decisions on their behalf.
Key Questions Before Choosing Your Attorney(s)
Selecting the right attorney involves considering several factors:
- Do they act in the person's best interests?
- Are they trustworthy and reliable?
- Do they understand the person’s values and wishes?
- Are they willing and able to handle the responsibilities?
- Will they be available when needed?
These points ensure that the attorney truly advocates for your Mum or Dad, putting their interests first, not their own.
Can Both Brother and Sister Be Attorneys?
Yes. It is common and often advisable to appoint more than one attorney. Brothers and sisters can both be appointed either to act jointly, meaning all must agree and sign every decision, or jointly and severally, allowing them to act independently or together. Most choose jointly and severally for flexibility and continuous decision-making, especially if one attorney is unavailable.
How Many Attorneys Can You Have?
You can appoint one or more attorneys. While one attorney is sufficient, having at least two spreads responsibility and provides backup. You can also name replacement attorneys who step in if the original attorney(s) cannot act.
Important Considerations
Choosing attorneys is a serious legal decision. Attorneys must follow the principles of the Mental Capacity Act 2005, keep finances separate, maintain records, and respect confidentiality. If concerns about attorney conduct arise, the Office of the Public Guardian (OPG) can investigate.
Helping You with Legal Support
At Talbots Law and Lanyon Bowdler, legal experts guide families through setting up LPAs tailored to your needs. Talbots Law’s compassionate solicitors help you make confident decisions about the future, while Lyons Bowe offers specialised support for elder care planning and legal matters.
Final Thoughts
When multiple family members want the LPA role, discussion and clarity on responsibilities ensure your loved one’s best interests are prioritised. Early planning and legal advice smooth the process, giving peace of mind in uncertain times.
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.
