Atterbury Payne Solicitors

Who Should You Choose as Your Attorney?

Choosing an attorney is one of the most important decisions you’ll make when setting up a Lasting Power of Attorney (LPA). Whether it’s for financial decisions, healthcare, or both, your attorney will have significant responsibility—so it’s crucial to pick someone you trust. But who is the best person for the role? Let’s break it down.

Who Can Be Your Attorney?

In the UK, your attorney must be:

  • 18 or older.

  • Mentally capable of making their own decisions.

They don’t need to live in the UK or be a British citizen, which means you have plenty of flexibility. Your attorney could be:

  • A family member, like a spouse, partner, or adult child.

  • A close friend.

  • A professional, such as a solicitor or financial advisor.

The key is to choose someone who is reliable, trustworthy, and capable of acting in your best interests.

What to Consider When Choosing an Attorney

Not sure who to pick? Here are some questions to ask yourself:

  1. Do they manage their own affairs well? For example, are they good with money if you’re appointing them for financial decisions?

  2. Do you know them well? A close relationship often means they understand your values and preferences.

  3. Do you trust them to make decisions for you? This is non-negotiable—your attorney will have significant control over your affairs.

  4. Are they willing to take on the responsibility? Being an attorney is a big commitment, so make sure they’re comfortable with the role.

It’s also worth noting that you cannot choose someone who is bankrupt or subject to a Debt Relief Order if you’re setting up an LPA for property and financial affairs.

 

What If You Want More Than One Attorney?

You can appoint multiple attorneys, but you’ll need to decide how they’ll work together:

  • Jointly and Severally: Attorneys can make decisions independently or together. This offers flexibility if one person is unavailable.

  • Jointly: All attorneys must agree on every decision. This can be useful for major decisions but may slow things down.

  • Mixed Approach: Some decisions can be made jointly, while others are made jointly and severally.

If you choose the joint approach, remember that all attorneys must agree—or the decision can’t be made.

What About Replacement Attorneys?

Life is unpredictable, so it’s a good idea to nominate replacement attorneys. These are people who can step in if your original attorney can no longer act on your behalf—whether due to illness, death, or other reasons.

Choosing an attorney is a deeply personal decision. It’s about finding someone who understands your wishes, respects your values, and is willing to act in your best interests. Take your time, ask questions, and don’t hesitate to seek professional advice if you’re unsure.

At Atterbury Payne, we’re here to help you navigate the process of setting up an LPA. Whether you need guidance on choosing an attorney or drafting the documents, we’ve got you covered. Get in touch today.


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