Choosing an LPA Attorney: What to Consider Before You Decide

What an attorney actually does

An attorney under a Lasting Power of Attorney is not a solicitor — the word means "decision-maker appointed by the donor." Attorneys must act in the donor's best interests, follow the Mental Capacity Act 2005 principles, and stay within the powers granted on the form. They may manage significant sums, sell property, or consent to medical treatment depending on the LPA type.

The role can last for years. Attorneys remain subject to OPG supervision and can be investigated if they misuse their position. Choosing someone responsible, trustworthy, and willing to take the role seriously matters more than choosing someone who happens to be the oldest child or the geographically closest relative.

Attorneys must be aged 18 or over. For a Property and Financial Affairs LPA, they must not be bankrupt or subject to a debt relief order.

Trust and integrity: the non-negotiable baseline

The donor is granting potentially wide powers. The attorney may see confidential financial information, control accounts, and make intimate welfare decisions. Family harmony at the time of signing is not a reliable predictor of future behaviour under financial stress or during end-of-life care.

Many donors choose adult children, siblings, or long-standing friends. Others appoint a professional — often a solicitor — particularly for financial affairs where family conflict is likely. Professionals charge for their services; family attorneys usually act without payment unless the LPA authorises reasonable expenses or professional fees.

OPG does not approve or reject the donor's choice of attorney. If the choice is unwise, the remedy is usually after the fact — through OPG investigation or Court of Protection intervention — not at registration stage.

Joint, jointly and severally, or hybrid?

When appointing more than one attorney, the donor must decide how they act. "Jointly" means all attorneys must agree every decision — one dissent blocks action. "Jointly and severally" means any one attorney can act alone. A hybrid option allows joint decision-making for some matters and individual action for others, as specified on the form.

Joint appointment protects against unilateral action but creates practical friction: if one attorney is abroad, unwell, or estranged from the others, simple tasks like paying a care home invoice can stall. Joint and several appointment is more flexible but gives each attorney independent power, which may not suit every family.

The donor should discuss the options with proposed attorneys before completing the form. Surprises on the form lead to refused signatures or family conflict before registration is even submitted.

Replacement attorneys: planning for gaps

Primary attorneys may die, lose capacity themselves, become bankrupt, or simply decline to act when the time comes. Without replacement attorneys named on the form, the LPA may fail partially or wholly — leaving the donor without cover.

Replacement attorneys step in when a primary attorney can no longer act. The donor should confirm replacements understand they are backups, not secondary in status only. The same eligibility rules apply: age 18+, not bankrupt for financial LPAs, and willing to serve.

Naming replacements adds pages and complexity but is cheaper than applying for deputyship later if every primary attorney drops out.

Practical factors beyond trust

Geography matters for day-to-day welfare decisions and visiting banks. An attorney in another country can act in law but may struggle in practice. Age and health of the attorney should be considered — appointing someone significantly older than the donor may mean the attorney cannot serve when needed.

Family dynamics matter. Appointing two siblings who disagree on everything under a joint appointment can paralyse decisions. Appointing one child alone may cause resentment among others even if legally valid.

For business owners, consider whether attorneys need business experience or whether instructions on the form should restrict certain actions pending professional advice. Complex situations often benefit from solicitor input on wording — that is a professional choice, not a legal requirement for every LPA.

Can you change your mind later?

While the donor retains mental capacity, they can revoke an LPA and create a new one. Revocation must be documented properly and OPG notified if the LPA was registered. Creating a new LPA triggers another registration fee and another 14–20 week wait in 2026.

Donors cannot update attorney details on a registered LPA by crossing out names. Material changes require a new document.

Discussing choices openly with family before registration can reduce later disputes, but the donor's decision is theirs alone while they have capacity. No one else should pressure the donor into a particular appointment.

Preparing the decision before completing OPG forms

Before touching the LP1F or LP1H forms, list candidate attorneys and replacements, note their full legal names and addresses, and decide joint versus several appointment. Confirm each candidate is willing to act — unwilling attorneys cause delays at signing stage.

The certificate provider will confirm the donor understands the LPA; they do not mediate family disagreements about who should be appointed.

The KinClarity Lasting Power of Attorney (LPA) Setup Support Assessment helps donors and families in England and Wales organise attorney choices, signing-order requirements, and common friction points before OPG submission. It does not tell you who to appoint or provide legal advice.

The KinClarity Lasting Power of Attorney (LPA) Setup Support Assessment helps people preparing an LPA application in England and Wales identify common delay risks, signing-order errors, and readiness gaps before submitting to the Office of the Public Guardian.

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