Skip to main content
WUHLD
← Back to articles

Naming Replacement Attorneys in Your LPA: Complete UK Guide

· 31 min

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

Margaret, 67, created her LPA naming her daughter Susan as sole attorney. Two years later, when Margaret developed dementia, her family discovered that Susan had died unexpectedly six months earlier from a stroke. Margaret had no replacement attorney. Her LPA was now worthless.

Her son David had to apply to the Court of Protection for a deputyship order—a process that took 14 months and cost £4,800 in legal fees and court costs. During that time, Margaret's bills went unpaid, her savings sat in an inaccessible account, and her family couldn't sell her house to fund her care home fees.

This scenario isn't rare. In 2023-24, over 50,000 LPA applications were rejected by the Office of the Public Guardian for preventable mistakes. One of the most critical oversights is failing to appoint replacement attorneys who can step in when original attorneys cannot act.

This guide explains exactly how replacement attorneys work, when they step in, how many you should appoint, and the common mistakes that can invalidate your carefully planned LPA.

Table of Contents

What Is a Replacement Attorney in an LPA?

A replacement attorney is someone you name in your Lasting Power of Attorney to step in if an original attorney can no longer act. They're your backup protection—the safety net that keeps your LPA working when life throws unexpected challenges at your carefully laid plans.

Replacement attorneys must meet the same requirements as original attorneys. They must be 18 or older when you sign the LPA, have mental capacity, and cannot be bankrupt (for property and financial affairs LPAs). Under the Mental Capacity Act 2005, they hold a position of trust with specific legal duties.

Here's the crucial point many people miss: replacement attorneys have no authority while your original attorneys can act. They cannot temporarily cover for an attorney who's on holiday or busy. They step in only when specific triggering events permanently prevent an original attorney from acting.

You appoint your daughter Emma as original attorney and your son James as replacement. While Emma can act, James has no authority to make decisions on your behalf. If Emma dies, James automatically steps in with the full powers you specified in your LPA.

All replacement attorneys must be named in the LPA when you create it. They must sign the document with a witness, just like original attorneys. You cannot add replacement attorneys after your LPA is registered—you'd need to create an entirely new LPA.

According to Office of the Public Guardian data, over 6 million LPAs have been registered in the UK. With this many people relying on LPAs for protection, getting the structure right matters enormously.

Replacement attorneys are optional, not legally required. But as you'll see in the next section, not appointing them can have devastating consequences.

Why You Should Appoint Replacement Attorneys

Without replacement attorneys, your LPA is vulnerable. If your sole attorney cannot act, your entire LPA fails. If you appointed joint attorneys and one cannot act, your LPA typically fails unless you included specific instructions otherwise.

When an LPA fails, your family faces the Court of Protection deputyship process. This takes 12-18 months on average and costs between £3,000 and £5,000 including legal fees. During that time, no one has legal authority to manage your affairs.

Robert, 72, appointed his wife Patricia as sole attorney. When Robert developed Alzheimer's, Patricia managed everything smoothly—paying bills, handling investments, selling their house to fund residential care. When Patricia died suddenly two years later, Robert's LPA became worthless.

His son had to apply for deputyship. During the 16-month wait, Robert's pension accumulated in an inaccessible account. His son paid £2,400 in care home fees from his own savings. The house sale was delayed, leaving £280,000 trapped in property when Robert needed funds for care. Legal fees for the deputyship application reached £3,800.

One replacement attorney would have prevented this crisis.

Consider these common scenarios where replacement attorneys become essential:

Your attorney dies before you need the LPA or while acting for you. This happens more often than people expect, especially when attorneys are similar ages to the donor.

Your attorney develops dementia or loses mental capacity themselves. The person you trusted to make decisions for you may need their own attorney.

Your attorney becomes bankrupt or subject to a debt relief order. For property and financial affairs LPAs, this automatically ends their appointment under the Mental Capacity Act 2005.

Your attorney was your spouse or civil partner and you divorce. Unless your LPA instructions specifically say they can continue, the appointment ends when your marriage or civil partnership legally ends.

You appointed joint attorneys (must decide together) and one cannot act. Without replacement attorneys, your entire LPA collapses. The remaining attorneys cannot act alone.

In 2023-24, the Office of the Public Guardian rejected 50,918 LPA applications for preventable mistakes. While signing errors top the rejection list, failing to plan for attorney unavailability creates expensive problems after registration.

Replacement attorneys provide seamless continuity. When a triggering event occurs, the replacement attorney steps in immediately. Your family avoids legal limbo, financial paralysis, and the emotional stress of court applications.

The cost? Nothing beyond the standard £92 LPA registration fee. Replacement attorneys don't add extra fees. They're simply named in Section 4 of your LPA form alongside your original attorneys.

When Does a Replacement Attorney Step In?

Replacement attorneys step in only when specific triggering events permanently prevent an original attorney from acting. These events are defined by the Mental Capacity Act 2005 and apply automatically—you don't get to decide when replacement attorneys take over.

The five triggering events are:

Death. If an original attorney dies, their appointment ends immediately. The replacement attorney can start acting as soon as you notify the Office of the Public Guardian and provide evidence (death certificate).

Loss of mental capacity. If an attorney loses mental capacity, confirmed by medical evidence, they can no longer make decisions for you. The replacement attorney steps in.

Bankruptcy or debt relief order (property and financial affairs LPAs only). If your attorney becomes bankrupt or subject to a debt relief order, their appointment ends automatically. This protects you from someone managing your finances while unable to manage their own.

Divorce or dissolution of civil partnership (if the attorney was your spouse or civil partner). When your marriage or civil partnership legally ends, their appointment typically ends unless your LPA instructions specifically state they can continue.

Disclaiming the appointment. An attorney can formally give up their role by disclaiming. This requires proper notification to the Office of the Public Guardian.

Your brother David is your original attorney. When he dies, you must send his death certificate to the Office of the Public Guardian. His replacement attorney—your sister Claire—can immediately start making decisions and must notify the OPG that she's now acting.

Here's what doesn't trigger a replacement attorney:

An attorney going on holiday. Your replacement cannot temporarily cover. The original attorney remains your attorney throughout their absence.

An attorney being temporarily unavailable or busy. If your attorney is ill for two weeks or overwhelmed with work, the replacement has no authority to help.

Disagreement with an attorney's decision. You cannot activate a replacement attorney because you dislike a decision your original attorney made.

Family disputes about suitability. Personal conflicts don't constitute legal triggering events.

The change is permanent. Once a replacement attorney steps in due to a triggering event, the original attorney cannot resume. If your attorney was temporarily incapacitated but recovers, they still cannot act again—the replacement attorney continues.

According to GOV.UK guidance on reporting changes to your LPA, when a replacement attorney starts acting, you must notify the Office of the Public Guardian. You'll need evidence of the triggering event: death certificate, decree absolute, bankruptcy order, or medical evidence of incapacity.

The replacement attorney can start making decisions immediately—they don't need to wait for OPG confirmation. The OPG updates their records and confirms whether the LPA remains valid, but the authority transfers automatically when the triggering event occurs.

How Many Replacement Attorneys Can You Appoint?

There is no legal limit to the number of replacement attorneys you can appoint. Most people appoint between one and four replacement attorneys, balancing adequate backup protection with practical manageability.

All replacement attorneys must be named when you create your LPA. They must sign the document with a witness. You cannot add replacement attorneys after registration—that would require creating an entirely new LPA.

The critical limitation: you cannot appoint replacements for replacement attorneys. Only two levels of appointment are allowed in one LPA.

This restriction comes from the 2013 Court of Protection case Office of the Public Guardian v Boff. Dr Boff attempted to appoint three replacement attorneys in order of succession—if the first replacement couldn't act, the second would step in, then the third.

The court ruled this invalid. Senior Judge Lush held that "a replacement attorney can only replace an original attorney and cannot replace a replacement attorney." The Mental Capacity Act 2005 doesn't permit successive layers of replacements.

You appoint your daughter (aged 40) as original attorney. You want comprehensive backup, so you appoint your son (38) as first replacement and your niece (35) as second replacement.

If your daughter cannot act, your son steps in. You cannot specify that your niece replaces your son if your son later cannot act. You have only two levels: original attorney, then replacement attorney. No third level exists.

If you appoint three children jointly as original attorneys and two replacements, what happens when one original attorney dies? Both replacements step in to act with the two remaining original attorneys (unless you specified otherwise in your instructions).

The practical recommendations vary by your LPA structure:

If you have a single original attorney, appoint at least one replacement, ideally two. This protects against the replacement also becoming unavailable.

If you appoint two joint original attorneys (must decide together), appoint at least two replacements. Joint appointments are more vulnerable to failure.

If you appoint three or more original attorneys, consider two or three replacements depending on the ages and health of your original attorneys.

Consider ages, health, and location when deciding numbers. If your original attorneys are elderly or have health conditions, more replacement attorneys provide better protection. If your attorneys live abroad, having UK-based replacements may be practical.

The workaround for successive replacements? You could create two separate LPAs, with the second conditional on the first failing. But this involves paying two £92 registration fees and creates complexity. Most people find appointing multiple replacement attorneys in one LPA sufficient.

Joint vs Jointly and Severally: Replacement Attorney Rules

How your replacement attorneys make decisions depends on whether you appoint them jointly, jointly and severally, or jointly for some decisions and jointly and severally for others. This choice dramatically affects how your LPA works when replacements step in.

The three appointment methods are:

Jointly. All replacement attorneys must make every decision together unanimously. One disagreement stops the decision.

Jointly and severally. Each replacement attorney can make decisions independently or together. Maximum flexibility.

Mixed approach. Some decisions require unanimous agreement (jointly), others allow independent action (jointly and severally). You specify which decisions fall into each category.

Here's the counterintuitive rule that surprises many donors: if your original attorneys are appointed jointly (must decide together) and one cannot act, all your replacement attorneys typically step in together, replacing all original attorneys—not just the one who cannot act.

You appoint Ann and Ben jointly as original attorneys, with Claire and David as replacement attorneys. Ben dies.

Result: Ann cannot act alone because the joint appointment required both Ann and Ben to decide together. Claire and David both step in. All three (Ann, Claire, and David) must now make decisions together jointly, unless your LPA instructions specify that Claire and David act jointly and severally.

This seems strange, but it prevents decision-making gridlock. If Ann continued alone with only one replacement, you'd have two attorneys who might deadlock on decisions.

If your original attorneys act jointly and severally (independently), the rules change. When one attorney cannot act, the replacement steps in for that specific attorney only. The remaining original attorneys continue acting alongside the replacement.

You appoint Ann and Ben jointly and severally, with Claire as replacement. Ben dies.

Result: Ann continues acting. Claire steps in for Ben. Ann and Claire can both make decisions independently under the jointly and severally rules. Your LPA continues smoothly.

You can choose different decision-making methods for replacement attorneys than original attorneys. This flexibility lets you customize your LPA structure.

Your original attorneys act jointly (must agree). You specify in your LPA instructions that your replacement attorneys act jointly and severally (can decide independently). This gives replacements more flexibility than originals had.

Most legal professionals recommend appointing replacement attorneys jointly and severally rather than jointly. Why? If you appoint replacement attorneys jointly and one of them cannot act, your LPA may fail unless you included further instructions.

According to Which? analysis, contradictory instructions about decision-making contribute to many of the 50,918 annual LPA rejections. Common mistakes include:

Saying original attorneys act jointly and severally but must make all decisions together. This contradicts itself.

Appointing original attorneys jointly, then trying to specify which replacement steps in for which original attorney. This creates decision-making problems and may be severed by the court.

Not specifying how multiple replacement attorneys act. The default is jointly (must all agree), which may not be what you want.

If you're creating complex replacement attorney arrangements—different decision-making methods for different types of decisions, specific instructions about who replaces whom—consider getting legal advice. Simple is usually better, and jointly and severally for replacement attorneys works well for most families.

Replacement Attorney vs Original Attorney: Key Differences

Replacement attorneys and original attorneys share most characteristics, but crucial differences affect when and how they can act.

The similarities are extensive:

Same eligibility requirements. Replacement attorneys must be 18 or older when you sign the LPA, have mental capacity, and cannot be bankrupt (for property and financial affairs LPAs).

Same powers once acting. Replacement attorneys have the same authority as original attorneys unless you specify different limitations in your LPA instructions.

Same duties. Both must act in your best interests, follow Mental Capacity Act 2005 principles, respect your instructions and preferences, and keep proper records (for property and financial affairs).

Same registration. Replacement attorneys are named and sign the same LPA document that original attorneys sign.

The differences matter:

Authority timing. Original attorneys can act as soon as the LPA is registered (or when you lose capacity for property LPAs if specified). Replacement attorneys have zero authority until a triggering event occurs.

Cannot temporarily replace. This is the most common misconception. Replacement attorneys cannot cover for original attorneys who are on holiday, ill for a few weeks, or temporarily busy. They step in only when permanent triggering events occur.

Permanence. Once a replacement attorney steps in, the change is permanent. The original attorney cannot resume even if circumstances change.

Notification requirement. Original attorneys don't need to notify the OPG when they start acting—they're already registered. Replacement attorneys must notify the Office of the Public Guardian when a triggering event occurs and they begin acting.

Signature order. On the LPA form, original attorneys sign in Section 11 before replacement attorneys sign. Dates must reflect this order or the LPA will be rejected.

Your sister is your original attorney. Your brother is your replacement attorney. Your sister goes on holiday to Spain for three weeks.

Your brother cannot act during this time. Your sister remains your attorney throughout her holiday. If you need urgent decisions made, your sister may need to handle them remotely or cut her holiday short. Your brother has no authority to help, even temporarily.

If your sister dies while on holiday, then your brother's authority activates. He must notify the OPG, provide a death certificate, and can then start making decisions.

You can specify different powers for replacement attorneys than original attorneys. This requires careful wording in your LPA instructions.

You appointed your daughter as original attorney with full financial powers—managing bank accounts, selling property, handling investments. You appoint your son as replacement attorney but limit his powers to paying bills and managing bank accounts only, with no authority to sell property.

When your daughter dies, your son steps in with the limited powers you specified. If property sales become necessary, you'd need a second attorney or the family might need to apply to the Court of Protection to extend powers.

The key misconception to dispel: replacement attorneys are not "lesser" attorneys or "assistants" to original attorneys. They hold the same position of trust and legal responsibility. They simply wait in the wings until needed.

Common Mistakes with Replacement Attorneys

The Office of the Public Guardian rejects tens of thousands of LPA applications annually for preventable mistakes. Many of these errors involve replacement attorneys. Here are the most common mistakes and how to avoid them.

Mistake 1: Not appointing any replacement attorneys.

This is the costliest oversight. If your sole attorney cannot act, your LPA fails completely. If you appointed joint attorneys and one cannot act, your LPA typically fails.

The consequence? Court of Protection deputyship. This costs £3,000-£5,000 including legal fees, takes 12-18 months, and leaves your family in legal limbo while waiting.

How to avoid: Always appoint at least one replacement attorney, ideally two. The cost is zero beyond the standard £92 registration fee, but the protection is invaluable.

Mistake 2: Signing the LPA in wrong order.

Signing order errors are the most common reason for LPA rejection according to OPG data. The correct order is: (1) you (donor) sign, (2) certificate provider signs, (3) original attorneys sign, (4) replacement attorneys sign, (5) person registering signs.

Dates on signatures reveal the signing order. If replacement attorneys signed before original attorneys, or the certificate provider signed before you did, the OPG will reject your entire LPA.

How to avoid: Follow the official form sequence exactly. Check dates carefully before registering. If signatures are out of order, you cannot fix it—you must complete a new LPA.

Mistake 3: Trying to appoint successive replacements.

You cannot appoint replacement attorneys to replace other replacement attorneys. The Court of Protection confirmed this in the Boff case.

Writing instructions like "If replacement attorney A cannot act, replacement attorney B takes over from A" invalidates that provision. The OPG may sever the invalid instruction or reject the entire LPA.

How to avoid: Only appoint two levels—original attorneys, then replacement attorneys. No third level. If you want multiple layers of backup, appoint multiple replacement attorneys who can all step in together.

Mistake 4: Contradictory instructions about decision-making.

Saying "Original attorneys act jointly and severally, but must make all decisions together" contradicts itself. Jointly and severally means they can act independently—requiring all decisions together negates this.

Attempting to specify "Replacement attorney C steps in for attorney A, replacement D steps in for attorney B" when original attorneys are joint creates decision-making gridlock if one replacement cannot act.

How to avoid: Keep instructions simple. Choose jointly or jointly and severally, then stick with that choice consistently. If you want complex arrangements, get legal advice before finalizing your LPA.

Mistake 5: Appointing someone who doesn't meet requirements.

Replacement attorneys must meet the same eligibility criteria as original attorneys. If you appoint someone who's under 18 when you sign the LPA, lacks mental capacity, or is bankrupt (for property and financial affairs LPAs), the appointment is invalid.

How to avoid: Verify eligibility before appointing. If you're appointing younger family members, check they'll be 18 when you sign. Consider whether they might become bankrupt if handling financial decisions.

Mistake 6: Not discussing appointment with replacement attorney.

Replacement attorneys must sign the LPA. If they refuse to sign, don't understand the role, or cannot locate the document when needed, the appointment fails.

Some people discover their replacement attorney has moved abroad, changed their mind about serving, or didn't understand they might need to act years in the future.

How to avoid: Have a conversation before naming someone. Ensure they understand they're committing to a potentially long-term responsibility. Confirm they're willing to sign the LPA.

Mistake 7: Forgetting to specify how multiple replacements act.

If you appoint two or more replacement attorneys and don't specify how they make decisions, the default is jointly (must all agree). This may create problems if one replacement becomes unavailable.

How to avoid: Actively choose "jointly" or "jointly and severally" for replacement attorneys. Most experts recommend jointly and severally for flexibility.

Mistake 8: Using replacement attorney as witness.

Replacement attorneys cannot witness your signature or the certificate provider's signature. They can witness original attorneys' signatures, but this creates confusion.

How to avoid: Use independent witnesses—people aged 18 or over with mental capacity who are not the donor, any attorney, or the certificate provider.

Mistake 9: Trying to add replacement attorneys after registration.

Once your LPA is registered, you cannot add or change replacement attorneys. This requires creating an entirely new LPA.

How to avoid: Think carefully about replacement attorneys before registering. Appoint generously—better to name extra replacements you may not need than to lack protection when required.

In 2023-24, 50,918 LPA applications were rejected, according to Which? Freedom of Information requests. While signing order errors top the list, replacement attorney mistakes contribute significantly to rejections and post-registration failures.

How to Appoint Replacement Attorneys in Your LPA

Appointing replacement attorneys follows a straightforward process using official LPA forms or the government's online service. Here's how to do it correctly.

Step 1: Decide how many replacement attorneys.

Consider your original attorneys' ages, health, and circumstances. If you have one original attorney, appoint at least one replacement, ideally two. If you appointed joint attorneys (must decide together), appoint at least two replacements.

Balance adequate protection with manageability. Most people appoint between one and four replacement attorneys.

Step 2: Choose your replacement attorneys.

Replacement attorneys must meet the same eligibility criteria as original attorneys:

  • 18 or older when you sign the LPA
  • Mental capacity to make decisions
  • Not bankrupt (for property and financial affairs LPAs)
  • Trustworthy and capable of handling the responsibility

Replacement attorneys can be family members, friends, or professionals. They don't need to be UK residents or British citizens. Consider trustworthiness, capability, willingness, and potential conflicts with original attorneys.

Step 3: Decide how replacement attorneys will make decisions.

If appointing two or more replacements, choose:

Jointly: They must all agree on every decision unanimously. One disagreement stops the decision.

Jointly and severally: Each can make decisions independently or together. Maximum flexibility.

Mixed: Some decisions require unanimous agreement, others allow independent action. You specify which decisions fall into each category.

Recommendation: Jointly and severally is most flexible and practical. If one replacement attorney becomes temporarily unavailable, others can still act.

You can choose a different method for replacements than originals. Your original attorneys might act jointly while your replacement attorneys act jointly and severally.

Step 4: Complete Section 4 of the LPA form.

Use official forms: LP1F (property and financial affairs) or LP1H (health and welfare). In Section 4, write your replacement attorneys' full details:

  • Full legal name (not nicknames or initials)
  • Date of birth
  • Full address

If appointing multiple replacements, specify in Section 7 (your instructions and preferences) how they make decisions—jointly, jointly and severally, or mixed.

Step 5: Have conversations with replacement attorneys.

Before they sign, explain what being a replacement attorney means:

  • They have no authority while original attorneys can act
  • They step in only when specific triggering events occur
  • The change is permanent once they start acting
  • They must act in your best interests and follow Mental Capacity Act 2005 duties

Discuss your wishes and preferences. Ensure they understand they may need to act if an original attorney cannot, and confirm they're willing to sign.

Step 6: Complete the LPA in correct signing order.

This is critical. The signing order must be:

  1. You (donor) sign and date in Section 9
  2. Certificate provider signs in Section 10
  3. Original attorneys sign in Section 11
  4. Replacement attorneys sign in Section 11 (after original attorneys)
  5. Person registering the LPA signs

Each signature must be witnessed by someone 18 or over with mental capacity. Witnesses cannot be the donor, any attorney, or the certificate provider.

Dates on signatures will reveal the signing order. If the order is wrong, the OPG will reject your entire LPA.

Step 7: Register with the Office of the Public Guardian.

The registration fee is £92 per LPA. If you want both a property and financial affairs LPA and a health and welfare LPA, the total cost is £184.

Fee reductions and exemptions are available if you earn less than £12,000 or receive certain benefits.

Your LPA cannot be used until registered, even if you lose capacity. Registration takes approximately 8-10 weeks.

Alternative: Online LPA service.

The government's online service at lastingpowerofattorney.service.gov.uk guides you through replacement attorney decisions step-by-step. It helps avoid common mistakes and uses the same £92 registration fee.

Sarah creates an LPA for property and financial affairs. She appoints:

  • Original attorneys: Daughter Emma and son Tom (jointly and severally)
  • Replacement attorneys: Sister Lucy and nephew Mark (jointly and severally)

Process: Sarah signs on 15 January 2025. Certificate provider signs on 16 January. Emma and Tom sign on 17-18 January. Lucy and Mark sign on 19-20 January. Sarah registers with the OPG, pays £92, and receives her registered LPA 10 weeks later.

If Emma later dies, Lucy and Mark both step in to act with Tom, all acting jointly and severally.

Remember: All attorneys and replacements must sign in black ink (OPG requirement). You cannot add or change replacement attorneys after registration—everyone must be named before you register.

What Happens If You Don't Appoint Replacement Attorneys?

Not appointing replacement attorneys leaves your LPA vulnerable. When your only attorney or one of your joint attorneys cannot act, your carefully planned protection collapses.

Scenario 1: You appoint one attorney, no replacement.

If that attorney dies, disclaims, loses capacity, or becomes bankrupt, your LPA fails completely. The document becomes worthless. No one has legal authority to manage your affairs.

Your family must apply to the Court of Protection for a deputyship order—a legal process where the court appoints someone to make decisions for you.

Scenario 2: You appoint joint attorneys (must decide together), no replacement.

If one attorney cannot act, your LPA typically fails. Joint appointments require all attorneys to act together. If one cannot, the others cannot act alone unless you included specific instructions allowing remaining attorneys to continue.

Even if you had three attorneys appointed jointly, losing one usually collapses the entire arrangement.

Scenario 3: You appoint jointly and severally attorneys, no replacement.

This is the best situation without replacements. If one attorney cannot act, the remaining attorneys can continue independently.

But you're still vulnerable. If you had two attorneys acting jointly and severally and one becomes unavailable, you're down to a single attorney. If that attorney later cannot act, your LPA fails.

The expensive fallback: Court of Protection deputyship.

Deputyship is the legal process when you lose capacity and have no valid LPA. The Court of Protection appoints a deputy to make decisions for you, similar to an attorney but with court supervision.

The costs are substantial:

  • Application fee: Check current Court of Protection fees on GOV.UK (fees vary by case type)
  • Legal costs: £2,000-£5,000 or more for a solicitor to prepare the application
  • Annual supervision fee: Ongoing fees to the Court of Protection for oversight
  • Timeline: Typically 12-18 months, sometimes longer for contested applications

Legal sector surveys suggest total deputyship costs of £3,000-£5,000 including court fees and legal advice, though complex cases cost significantly more.

During the application period, nobody can legally access your bank accounts, pay your bills, sell your property, or make healthcare decisions. Your family faces financial and legal paralysis.

Real-world consequences during the deputyship application:

Cannot access your bank accounts. Your pension, savings, and income sit frozen while your family waits for court approval.

Cannot pay your bills. Risk of arrears, default, service disconnection, and damage to your credit rating.

Cannot sell your property to fund care. If you need to move into residential care costing £4,000-£6,000 monthly, your house equity remains inaccessible.

Cannot make healthcare decisions (health and welfare LPA). Doctors must make decisions in your best interests without family input beyond consultation.

Cannot manage investments or pensions. Your financial affairs freeze at exactly the wrong time.

Family members may personally fund your expenses and hope for eventual reimbursement. This creates financial strain and family tension.

Robert, 72, appointed his wife Patricia as sole attorney. Patricia managed everything when Robert developed Alzheimer's—bills, investments, selling their house for care home funding.

When Patricia died suddenly, Robert's LPA failed. His son applied for deputyship. During the 16-month wait:

  • Robert's pension accumulated in an inaccessible account
  • His son paid £2,400 in care home fees from personal savings
  • The house sale was delayed, trapping £280,000 when Robert needed funds for care
  • Legal fees for deputyship application reached £3,800

Total family cost: over £6,000. Total time in legal limbo: 16 months. This would have been prevented by appointing one replacement attorney.

Compare the cost:

Aspect With Replacement Attorney Without Replacement Attorney
Cost £0 (included in standard LPA fee) £3,000-£5,000+ for deputyship
Timeline Immediate (attorney steps in) 12-18 months for deputyship
Continuity Seamless transition Months without authority
Flexibility Replacement acts immediately with full powers Court supervision, restricted powers, annual reporting
Family stress Minimal High—financial crisis, legal process, uncertainty

Appointing replacement attorneys takes five minutes when completing your LPA. It costs nothing beyond the standard £92 registration fee.

Not appointing them can cost your family thousands of pounds and months of stress. The choice is clear.

Frequently Asked Questions

Q: What is a replacement attorney in an LPA?

A: A replacement attorney is someone you name in your Lasting Power of Attorney to step in if one of your original attorneys can no longer act. They must meet the same requirements as original attorneys (18+, mental capacity) and are named in the LPA when it's created. Replacement attorneys have no authority while all original attorneys can act—they only step in when specific triggering events occur, such as an attorney's death, loss of capacity, bankruptcy (for property/financial LPAs), or divorce from the donor.

Q: When does a replacement attorney step in?

A: A replacement attorney steps in when an original attorney permanently cannot act due to: death, loss of mental capacity, bankruptcy or debt relief order (property/financial LPAs only), divorce from the donor (unless instructions say otherwise), or disclaiming their appointment. The replacement cannot temporarily cover for an attorney on holiday—the change is permanent. You must notify the Office of the Public Guardian when a replacement attorney starts acting.

Q: How many replacement attorneys can I appoint?

A: There is no legal limit to the number of replacement attorneys you can appoint, though practical guidance suggests up to four. All replacement attorneys must be named in the LPA when it's created and must sign the document. You cannot add replacement attorneys after registration—you'd need to create a new LPA. You also cannot appoint replacements for replacement attorneys (only two levels of appointment are allowed).

Q: Do replacement attorneys have the same powers as original attorneys?

A: Yes, replacement attorneys generally have the same powers and responsibilities as the original attorneys they replace, unless you specify limitations in your LPA instructions. They must act in your best interests, follow your preferences, and comply with the Mental Capacity Act 2005. However, they have no authority to act until a triggering event occurs—they cannot temporarily stand in for an attorney who is still able to act.

Q: What happens if I have joint attorneys and one can't act?

A: If your original attorneys are appointed jointly (must decide together) and one cannot act, your LPA stops working unless you appointed replacement attorneys or included specific instructions. With replacement attorneys: all replacements step in together to act with remaining originals (unless stated otherwise). If attorneys act jointly and severally (independently), a replacement only replaces the specific attorney who cannot act. This is why replacement attorneys are particularly important for joint appointments.

Q: Can I change my replacement attorneys after registering my LPA?

A: No, you cannot add or change replacement attorneys after your LPA is registered with the Office of the Public Guardian. All attorneys and replacement attorneys must be named and must sign the LPA before registration. If you want different replacement attorneys, you need to create and register a new LPA. You can then cancel the old LPA if you wish, though this requires mental capacity.

Q: What's the difference between joint and jointly and severally for replacement attorneys?

A: If you appoint multiple replacement attorneys, you must specify how they act: 'Jointly' means they must make all decisions together unanimously. 'Jointly and severally' means each can make decisions independently or together. 'Jointly for some decisions, jointly and severally for others' lets you specify which decisions require agreement. The default is jointly if you don't specify. Most experts recommend 'jointly and severally' for replacement attorneys as it's more flexible and practical.

Conclusion

Key takeaways:

  • Replacement attorneys provide essential backup protection if your original attorneys cannot act due to death, incapacity, bankruptcy, or divorce—they step in permanently when triggering events occur
  • You can appoint as many replacement attorneys as you want (though 1-4 is typical), but you cannot appoint replacements for replacements (only two levels allowed under the Boff case law)
  • Replacement attorneys have no authority to act temporarily—they cannot cover for busy or absent original attorneys, only permanent triggering events activate their powers
  • If your original attorneys act jointly, all your replacement attorneys typically step in together when one original attorney fails (unless you specify otherwise in your LPA instructions)
  • Always appoint at least one replacement attorney to avoid expensive Court of Protection deputyship if your LPA fails (costs £3,000-£5,000+ and takes 12-18 months)

Creating an LPA is about protecting yourself and sparing your family from uncertainty. Replacement attorneys are your insurance policy against life's unpredictability—a simple addition to your LPA that could save your family thousands of pounds and months of legal stress. Take the time now to appoint thoughtful replacement attorneys, and you'll have comprehensive protection no matter what the future brings.

Need Help with Your Will?

Understanding replacement attorneys is part of comprehensive estate planning. While LPAs manage decisions during your lifetime if you lose capacity, your will directs what happens to your estate after death. Both documents work together to protect you and your family.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will 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: