Skip to main content
WUHLD
← Back to articles

How to Choose an Attorney for Your LPA: The Complete Guide

· 27 min

Note: The following scenario is fictional and used for illustration.

David, 58, appointed his eldest daughter Emma as his sole attorney for both his Property and Financial Affairs LPA and Health and Welfare LPA. He thought simplicity was best—one person, one decision-maker. When Emma moved to Australia for work two years later, David faced a crisis. His LPA was registered but Emma was 9,000 miles away, managing his care decisions via WhatsApp during UK emergencies. When David needed urgent care home placement after a stroke, crucial decisions were delayed by 48 hours due to time zone differences and Emma's work commitments.

Choosing your LPA attorney isn't just about who you trust most—it's about who can practically act when you need them, who has the right skills for the responsibility, and whether you have backup if circumstances change.

In 2023/24, 50,918 LPA applications were rejected, costing applicants £82+ and 15+ weeks of delays. Over 5 million LPAs are now registered in the UK, with most people appointing 2-4 attorneys for resilience.

This guide will show you exactly how to choose attorneys who are legally eligible, practically capable, and positioned to protect you when it matters most—plus how to avoid the costly selection mistakes that cause thousands of LPA rejections every year.

Table of Contents

Who Can Legally Be Your LPA Attorney?

Before you consider who's right for the role, you need to know who's legally eligible to serve as your attorney.

The Mental Capacity Act 2005 sets out clear requirements. Your attorney must be 18 or older and have mental capacity at the time you create your LPA. These are non-negotiable baseline requirements.

Here's what surprises many people: your attorney doesn't need to live in the UK or be a British citizen. Your daughter living in Spain or your brother in Canada can legally serve as your attorney. However, practical challenges like time zones and travel may affect their ability to act quickly when you need them.

The bankruptcy restriction is critical for Property and Financial Affairs LPAs. Anyone who is bankrupt or subject to a Debt Relief Order cannot be your attorney for financial decisions, according to Section 10 of the Mental Capacity Act 2005. This restriction doesn't apply to Health and Welfare LPAs. If your attorney becomes bankrupt after you've appointed them, their authority for financial decisions automatically ends.

Here are practical eligibility examples:

  • Your 25-year-old daughter living in Spain: ✅ Eligible for both LPA types
  • Your trusted friend who was declared bankrupt last year: ❌ Not eligible for Property and Financial Affairs LPA / ✅ Eligible for Health and Welfare LPA
  • Your 17-year-old son (if he turns 18 before you sign the LPA): ✅ Eligible for both types
Requirement Property & Financial Affairs Health & Welfare
Age 18+ ✅ Required ✅ Required
Mental capacity ✅ Required ✅ Required
UK residency ❌ Not required ❌ Not required
Not bankrupt ✅ Required ❌ Not required

Now that you know who's legally eligible, let's explore who's practically right for your situation.

The 3 Attorney Options: Family, Friends, or Professionals

You have three main categories of people to consider when choosing your attorney. Each brings different advantages and challenges.

Family Members

Family members are the most common choice for LPA attorneys, and for good reasons.

They know you intimately and understand your values and wishes. They usually act without charging fees, motivated by love and family duty rather than payment. They already understand family dynamics and relationships, which can help them make decisions that fit your family context.

However, family appointments come with potential downsides. Family members may face emotional difficulty making hard decisions about your care or finances. The risk of family conflict or competing interests can create deadlock. Many lack financial or legal expertise needed for complex estate management. If you appoint someone close to your age, they may not be able to act when you eventually need them.

Sarah, 62, appointed her two adult children as joint attorneys. When dementia required care home decisions, her children disagreed on whether to sell her home to fund care. The deadlock delayed her placement by 3 months, during which Sarah's condition deteriorated.

Friends

Friends can offer a different perspective than family members.

Friends may be more objective than family members, avoiding the emotional entanglement that can cloud judgment. You choose them deliberately rather than by birth, which means the relationship is based on mutual values. They can bring an outside perspective to family dynamics that might otherwise create conflict. Friends often share your values and understand your life stage in ways family members might not.

The disadvantages are real, though. Friends may lack deep family history knowledge that informs important decisions. Family members might resent an "outsider" making decisions about your care or money. Friendships can fade over time, and an LPA is a long-term commitment that might outlast the friendship. Some friends feel uncomfortable managing your finances, even if they're willing to help with health decisions.

James appointed his best friend of 30 years as attorney. When James needed care 10 years later, the friendship had drifted, and his friend felt uncomfortable managing £180,000 in investments he didn't understand.

Professional Attorneys (Solicitors, Accountants)

Professional attorneys bring expertise but charge for their time.

The advantages are clear: they bring legal or financial expertise to complex decisions. They're completely impartial with no family bias that might influence their judgment. They're experienced in fiduciary duties and understand their legal responsibilities. Professional attorneys are ideal when family conflict exists or you have no suitable family members. They also carry professional indemnity insurance that protects against errors.

The main disadvantage is cost. Professional attorneys charge fees for their time—discuss costs upfront before appointment. Solicitors typically charge £150-300 per hour for their services, which can add up quickly when managing ongoing affairs. They don't know your personal values or wishes as intimately as family members do. Their involvement may feel impersonal, especially for health and welfare decisions about daily life and medical treatment. Firms may change ownership or close over time, creating continuity issues.

Many people find a mixed approach works best: appointing family members as primary attorneys with a professional as replacement attorney. This combines personal knowledge with professional backup if family members can't or won't act.

Whichever category you choose, look for these seven essential qualities.

7 Essential Qualities to Look for in an Attorney

Choosing someone you trust is essential, but it's not enough. Your attorney needs specific qualities to fulfill this demanding role effectively.

Quality 1: Trustworthiness (Non-Negotiable)

This is the foundation of everything. Will they always act in your best interests, even when it's difficult or conflicts with their own interests? Have they demonstrated integrity in their own financial affairs over time? Would you trust them with your bank cards today, right now, with no oversight?

If you hesitate on any of these questions, they're not the right choice.

Quality 2: Practical Capability

Trust alone doesn't pay bills or coordinate medical care.

Do they manage their own finances well, paying bills on time and avoiding debt problems? Can they handle paperwork, deadlines, and bureaucracy without becoming overwhelmed? For health decisions specifically, can they advocate firmly with medical professionals when necessary?

Your kind-hearted sister might be trustworthy but chronically disorganized. If she can't manage her own bills on time, can she manage your care home fees and tax returns?

Quality 3: Availability and Proximity

Geography and time matter when urgent decisions arise.

Can they respond quickly to urgent decisions that can't wait days or weeks? If they live abroad or travel frequently for work, can they act when needed? Will they be available in 10-20 years when you're more likely to need them to act on your behalf?

Distance isn't disqualifying—your daughter in Australia can legally serve as your attorney. But 9,000 miles and a 10-hour time difference create practical challenges for urgent decisions.

Quality 4: Age and Health

You need someone who will outlive you or at least remain capable during your later years.

Avoid appointing someone significantly older than you unless you have strong replacement attorneys. Consider their own health trajectory—are they likely to remain capable when you need them most?

Margaret, 70, appointed her 75-year-old husband as sole attorney with no replacement. When both developed dementia within 5 years, neither could act, requiring costly Court of Protection intervention at £371+ in application fees.

Quality 5: Financial Competence (for Property & Financial Affairs LPA)

Managing someone else's finances requires specific skills.

Do they understand investments, property, pensions, and how they work? Can they spot financial abuse or scams that target vulnerable people? Are they comfortable making substantial financial decisions that affect your life savings?

Someone excellent at managing their own modest finances might feel overwhelmed managing a £500,000 estate with multiple properties and investments.

Quality 6: Ability to Make Difficult Decisions (for Health & Welfare LPA)

Health decisions can be emotionally devastating.

Can they make end-of-life decisions if needed, including refusing life-sustaining treatment if that's your wish? Will they follow your wishes even if family members disagree strongly? Are they emotionally resilient under the pressure of making choices that determine your quality of life?

This quality is harder to assess until someone faces it, but consider how they've handled difficult decisions in the past.

Quality 7: Willingness to Serve

An unwilling attorney is worse than no attorney at all.

Have you asked them if they're willing to take on this responsibility? Do they understand what being an attorney actually involves—the time commitment, the decisions, the paperwork? Are they prepared for the responsibility, or will they resent the burden?

Never surprise someone by appointing them without discussion. They may refuse to act when you need them, leaving your LPA useless at the worst possible moment.

Rate each potential attorney on these seven qualities using a 1-5 scale. Anyone scoring below 4 on trustworthiness should be immediately disqualified. Anyone scoring below 3 on three or more other qualities likely isn't suitable.

Once you've identified candidates with these qualities, decide how many to appoint.

How Many Attorneys Should You Appoint?

The number of attorneys you choose affects both security and practicality.

Single Attorney

A single attorney offers simplicity. Decisions are fast, accountability is clear, and there's no risk of disagreement between multiple attorneys.

However, a single attorney creates a single point of failure. If they can't act due to death, incapacity, or moving abroad, your LPA becomes useless without them. You have no checks on their decisions, which matters if they're managing substantial assets or making life-changing health decisions.

Single attorney appointments are only suitable if you have at least one replacement attorney as backup.

Multiple Attorneys: Decision-Making Options

Most people appoint 2-4 attorneys for added security and shared responsibility.

When you appoint multiple attorneys, you must specify how they make decisions. You have three options.

Option 1: Jointly (Together)

All attorneys must agree on every decision.

This approach prevents rash decisions and provides checks and balances. No single attorney can act alone, which protects you from poor judgment or abuse.

The disadvantages are significant. Decision-making is slow because all attorneys must be consulted. The arrangement can deadlock if attorneys disagree, leaving you unprotected. All attorneys must be available for every decision, which becomes impractical if one lives abroad or travels frequently.

You appoint three children jointly. To move you to a care home, all three must agree. If one is abroad or disagrees, the decision is blocked indefinitely, even if the care home placement is urgent.

Option 2: Jointly and Severally (Separately or Together)

Attorneys can make decisions alone or together, whichever is practical at the time.

This offers flexibility and speed. If one attorney is unavailable, the others can still act. It provides resilience if one attorney becomes unable to serve. Most importantly, it allows your attorneys to divide responsibilities based on their strengths—one might handle investments while another manages daily care decisions.

The downside is less oversight. One attorney could make decisions others disagree with, and you might not find out until later. This approach requires strong trust that all attorneys will communicate and collaborate even though they're not legally required to.

You appoint two siblings jointly and severally. Either can access your bank account, sell your home, or consent to surgery—alone or together, depending on what's practical at the time.

Option 3: Mixed Approach

You can specify that some decisions require all attorneys (jointly) while others can be made by any attorney (jointly and severally).

For example, small financial decisions under £5,000 can be made by any attorney, but major decisions like selling property or care home placement require all attorneys to agree.

This sounds ideal but adds complexity. Complex instructions increase rejection risk—the Office of the Public Guardian may question unclear or contradictory instructions.

Common Structures

Here are the most popular attorney structures:

Structure Speed Safety Complexity Best For
Single attorney Fast Low Simple Only with replacement
2 jointly and severally Fast Medium Simple Most people
2 jointly Slow High Simple High-value estates
3+ jointly and severally Fast Medium Medium Large families
Mixed approach Variable High High Complex estates

Two attorneys appointed jointly and severally is the most popular structure. It provides flexibility, backup, and simplicity without creating deadlock risk.

Remember: more attorneys isn't always better. Four attorneys jointly means coordinating four schedules for every decision, which can paralyze decision-making when you need speed.

Whether you choose one or multiple attorneys, always appoint at least one replacement.

Replacement Attorneys: When and Why You Need Them

Replacement attorneys are your LPA's insurance policy.

A replacement attorney is a backup who steps in automatically if your original attorney can no longer act. They must meet the same eligibility requirements as original attorneys—age 18+, mental capacity, and not bankrupt for financial LPAs.

Why You Need Replacement Attorneys

Consider these scenarios where replacement attorneys become essential.

Scenario 1: Death

You appoint your spouse as sole attorney. They die before you or at the same time in a car accident. Without a replacement, your LPA is useless, requiring a Court of Protection application at £371+ in fees and 6+ months of waiting.

Scenario 2: Incapacity

Your sister is your attorney but develops dementia herself. She can no longer act on your behalf. Without a replacement, you're back to square one with no one able to manage your affairs.

Scenario 3: Bankruptcy

Your son is your financial attorney but faces bankruptcy due to business failure. He's automatically disqualified from acting for Property and Financial Affairs. Without a replacement, your financial LPA fails exactly when you need it most.

Scenario 4: Resignation

Your daughter agrees to be your attorney but later moves to New Zealand permanently. She resigns because she can't manage UK responsibilities remotely. Without a replacement, your LPA becomes inactive.

When Do Replacement Attorneys Step In?

Replacement attorneys activate automatically when your original attorney's authority ends.

If you have multiple original attorneys acting jointly and severally, a replacement may step in to fill the vacancy. If attorneys must act jointly together, the LPA may fail when one drops out unless you've specified replacements to maintain the joint requirement.

How Many Replacements Should You Appoint?

There's no legal requirement to appoint replacements, but at least one is strongly recommended.

You can appoint multiple replacements—specify their order if you appoint more than one. First replacement, second replacement, and so on. This creates a succession plan that can span decades.

Think of replacement attorneys like life insurance for your LPA. You hope you never need them, but they're essential protection against circumstances you can't predict.

Once you've identified potential attorneys and replacements, you need to have an important conversation with them.

How to Have the Attorney Conversation

Never appoint someone as your attorney without discussing it with them first.

Why This Conversation Is Critical

Attorneys must sign the LPA to confirm they're willing to serve. It's better to discover reluctance now than when you actually need them to act. The conversation gives them a chance to ask questions and understand what they're committing to. It allows you to explain your values and preferences that should guide their decisions.

When to Have the Conversation

Have this conversation before you complete the LPA forms.

Meet in person if possible, or use video call if distance prevents face-to-face discussion. Allow time for them to think about your request and ask questions—don't pressure them for an immediate answer. Make it clear they can say no without damaging your relationship.

What to Discuss

Start by explaining what an LPA is and why you're creating one.

"I'm creating a Lasting Power of Attorney, which is a legal document that lets someone I trust make decisions on my behalf if I lose mental capacity due to dementia, stroke, or serious illness."

Explain why you've chosen them specifically.

"I'd like to appoint you as my attorney because I trust you completely, and you've always demonstrated good judgment with [finances/health decisions/family matters]."

Be specific about what the role involves.

For Property and Financial Affairs:

  • Managing bank accounts, paying bills, handling investments
  • Making decisions about selling property if needed for care costs
  • Dealing with pensions and benefits
  • Keeping records and receipts of all transactions
  • Acting in your best interests at all times, not their own

For Health and Welfare:

  • Decisions about medical treatment (but not life-sustaining treatment unless you specifically give permission)
  • Where you live, including care home decisions
  • Daily routine including diet, dress, and activities
  • Who you have contact with
  • Can only be used after you lack capacity to make these decisions yourself

Share your preferences and values that should guide their decisions.

"Let me tell you what's important to me. I'd prefer to stay in my own home as long as safely possible, even if care home costs are lower. I want my children to inherit something, but not at the expense of inadequate care. I trust you to balance these priorities when the time comes."

Ask directly if they're willing to serve.

"This is a big responsibility, and I want you to feel comfortable saying yes or no. Take time to think about it, and we can discuss any concerns you have."

Discuss practical concerns together:

  • Where you'll keep the LPA documents
  • Whether they'll act alone or with other attorneys
  • What support is available (Office of the Public Guardian guidance, professional advice when needed)
  • That they can resign if circumstances change, as long as you still have capacity

Red Flags During the Conversation

Watch for these warning signs that suggest someone isn't right for the role:

Reluctance or hesitation without clear questions—don't pressure them. If they don't understand the role even after explanation, they may struggle when it matters. If they want to make decisions that contradict your stated wishes, they're not listening. If they're offended that you're appointing multiple attorneys because they want sole control, that's a major red flag.

Document your conversation afterward. Make notes about what you discussed, record any specific preferences or instructions you mentioned, and keep these notes with your LPA documents.

Robert asked his daughter to be his attorney. During the conversation, she revealed she was planning to emigrate to Canada within 2 years. Robert chose his son instead, avoiding future complications that would have left him without practical support.

Even with careful selection, thousands of people make attorney choice mistakes every year. Here's how to avoid them.

5 Common Attorney Selection Mistakes (and How to Avoid Them)

These mistakes led to thousands of the 50,918 LPA rejections in 2023/24.

Mistake 1: Appointing Someone Without Asking Them First

In 2023/24, thousands of LPAs failed when attorneys refused to sign or act.

Linda appointed her three adult children as attorneys without discussing it with them first. When the LPA forms arrived for signature, her eldest son refused to sign—he was uncomfortable managing his mother's finances. The entire LPA application failed, costing Linda £164 in fees (£82 per LPA type) and 4 months of delays while she started over.

How to Avoid: Always have the attorney conversation before completing the LPA forms. Get verbal agreement that they're willing to serve and understand what it involves.

Mistake 2: Choosing Only One Attorney with No Replacement

A single point of failure leaves you unprotected if your attorney can't act.

Attorneys can become unable to act due to death, incapacity, bankruptcy, or moving abroad. Without a replacement, your LPA fails exactly when you need it most.

Michael appointed his wife as sole attorney with no replacement. When they were both injured in the same car accident, his wife couldn't act due to her own serious injuries. With no replacement attorney, the LPA was useless when Michael needed it most.

How to Avoid: Always appoint at least one replacement attorney, even if you only have one original attorney. Think of replacements as essential backup, not optional extras.

Mistake 3: Appointing Attorneys Who Are Likely to Conflict

Family disputes can paralyze decision-making, especially with joint appointment.

Patricia appointed her two children jointly, knowing they hadn't spoken in 5 years after an inheritance dispute. When Patricia needed care home placement, her children couldn't agree on which home or whether to sell her house to fund it. With joint authority, both had to consent. The deadlock lasted 8 months until Court of Protection intervention at significant cost.

How to Avoid:

  • Choose people who can work together, even under stress
  • Consider "jointly and severally" rather than "jointly" if conflict is possible
  • Don't appoint people with existing rifts, hoping they'll reconcile when it matters

Mistake 4: Appointing Someone Who's Financially Irresponsible (for Financial LPAs)

Poor money managers make poor financial attorneys.

Graham appointed his brother as financial attorney, despite knowing his brother had defaulted on loans and had County Court Judgments. His brother made poor investment decisions with Graham's pension, losing £40,000 in high-risk schemes. The Office of the Public Guardian investigated, but the money was gone.

Red Flags:

  • History of debt problems or bankruptcy
  • Gambling or addiction issues
  • Impulsive spending on their own finances
  • Has asked you for money repeatedly

How to Avoid: Assess financial track record realistically. If they can't manage their own money responsibly, they shouldn't manage yours.

Mistake 5: Choosing Attorneys Based Only on Age Order (Eldest Child, etc.)

Birth order doesn't equal capability or suitability.

Margaret automatically chose her eldest daughter as sole attorney because "she's the oldest." Her eldest daughter lived in Australia, had no financial experience, and was uncomfortable with the responsibility. Her younger son, an accountant living nearby in the UK, would have been far more suitable.

How to Avoid: Choose based on:

  • Practical capability and relevant skills
  • Availability and proximity to where you live
  • Willingness to serve
  • Relevant expertise (financial competence, medical advocacy)

NOT birth order, gender, or family hierarchy. The most suitable person is the right choice, regardless of age order.

The 3.7% rejection rate in 2023/24 cost applicants £82+ per rejected LPA and 15+ weeks in delays. Many rejections resulted from attorney selection errors that could have been avoided with careful planning.

If you realize you've made a mistake, here's what you can do about it.

Can You Change Your Attorney After Registration?

The timing of when you want to change attorneys determines your options.

Before Registration: Easy to Change

You can change your mind about attorneys anytime before registration.

Simply complete a new LPA form with different attorneys. There are no penalties or fees for changing your mind before registration. You have complete control over who you appoint until you submit the form to the Office of the Public Guardian.

This is why reviewing your choice carefully before registration is so important.

After Registration: Very Difficult

Once your LPA is registered, changing attorneys becomes complicated and expensive.

Option 1: Create a New LPA (If You Still Have Capacity)

If you still have mental capacity, you can create a completely new LPA.

Complete new LPA forms with different attorneys. Register the new LPA with the Office of the Public Guardian—this costs £82 per LPA type. Notify the OPG to cancel the old LPA.

The critical requirement is that you must still have mental capacity to create the new LPA. If you've already lost capacity, this option is no longer available.

Option 2: Court of Protection Application (If You Lack Capacity)

This is your only option if you no longer have mental capacity.

You need a court order to remove or replace an attorney. Court fees start at £371+ for the application. The process typically takes 6+ months. You must provide evidence of attorney misconduct or incapacity—you can't remove an attorney just because you changed your mind.

When Attorneys Automatically Stop Acting

Attorneys automatically stop acting in these situations:

  • Death of the attorney
  • Attorney loses mental capacity themselves
  • Attorney becomes bankrupt (for Property and Financial Affairs LPA only)
  • Attorney resigns by notifying the Office of the Public Guardian
  • Divorce from you, if the attorney is your spouse and you included this termination clause

When automatic termination happens, your replacement attorney steps in without court involvement.

Sophie registered her LPA with her sister as attorney. Two years later, their relationship broke down completely. Sophie still had mental capacity, so she created a new LPA appointing her daughter instead, then notified the OPG to cancel the original LPA. Total cost: £82. If she'd waited until she lacked capacity, her sister would have remained attorney unless the Court of Protection intervened.

Choose carefully from the start. Changing attorneys after registration is possible but expensive and time-consuming if you've lost capacity. Once you lack capacity, you're largely stuck with whoever you originally chose.

Frequently Asked Questions

Q: Can I choose a family member living abroad as my LPA attorney?

A: Yes, you can appoint a family member living abroad as your attorney. Your attorney doesn't need to live in the UK or be a British citizen, according to official GOV.UK guidance. However, consider practical challenges like time zone differences, travel requirements, and their ability to respond quickly to urgent decisions about your care or finances.

Q: Should I appoint one attorney or multiple attorneys for my LPA?

A: Most people appoint 2-4 attorneys for added security and shared responsibility. Multiple attorneys provide backup if one becomes unable to act and can share the workload of managing your affairs. You can choose whether they make decisions jointly (together), jointly and severally (separately or together), or a combination of both approaches.

Q: What's the difference between choosing a professional attorney versus a family member?

A: A professional attorney (solicitor, accountant) brings expertise and impartiality but will charge fees for their time—discuss costs upfront. Family members typically act without payment and know your wishes intimately, but may face emotional challenges or family conflicts. Many people appoint family members with a professional as backup or replacement attorney.

Q: Can someone who is bankrupt be my LPA attorney?

A: No, someone who is bankrupt or subject to a Debt Relief Order cannot be your attorney for a Property and Financial Affairs LPA, according to the Mental Capacity Act 2005. This restriction doesn't apply to Health and Welfare LPAs. If your attorney becomes bankrupt after appointment, their authority for financial decisions automatically ends.

Q: What happens if my chosen attorney can't or won't act in the future?

A: This is why appointing a replacement attorney is recommended. If your original attorney dies, loses mental capacity, becomes bankrupt (for financial LPAs), or chooses to resign, your replacement attorney automatically steps in. Without a replacement, your LPA may become unusable, requiring a costly Court of Protection application.

Q: Do I need to tell someone before appointing them as my LPA attorney?

A: While not legally required before signing the LPA, it's essential to have a conversation with potential attorneys before appointing them. They need to understand the responsibilities, confirm they're willing to serve, and discuss your preferences and values. Springing this responsibility on someone without discussion can lead to them refusing when you most need help.

Q: Can my LPA attorney also be my will executor?

A: Yes, the same person can be both your LPA attorney and your will executor. Many people choose the same trusted individual for both roles since they require similar qualities: trustworthiness, financial competence, and understanding of your wishes. However, remember that LPA authority ends when you die, while executor responsibilities begin at that point.

Need Help with Your LPA?

Choosing your LPA attorney is one of the most important decisions you'll make for your future. With a clear understanding of eligibility requirements, essential qualities, and common mistakes, you can make this choice with confidence and protect yourself when it matters most.

Create your LPA with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete LPA (legally binding when properly executed and witnessed) plus three expert guides. Preview your LPA free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Sources: