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Jointly and Severally (Attorneys)

Also known as: Joint and Several, Independently or Together

Definition

Jointly and severally is an appointment option for multiple LPA attorneys that allows them to make decisions either independently or together, providing maximum flexibility in how they manage your affairs.

This choice affects how your attorneys operate if you lose mental capacity, determining whether they must coordinate on every decision or can act autonomously when needed.

What Does Jointly and Severally Mean?

Under the Mental Capacity Act 2005, when you appoint two or more attorneys to your Lasting Power of Attorney, you must decide how they'll work together. "Jointly and severally" is one of three options, alongside "jointly" (where all attorneys must agree on every decision) and "mixed" arrangements (different rules for different decisions). When attorneys act jointly and severally, each has independent authority to make decisions alone or they can work together—whichever suits the situation. This applies to both Property and Financial Affairs LPAs and Health and Welfare LPAs.

The practical advantage is significant. Robert appointed his two daughters as jointly and severally attorneys for his Property and Financial Affairs LPA. Emma lives in Manchester near Robert, while Sarah lives in Edinburgh. Because they're appointed jointly and severally, Emma can handle Robert's day-to-day banking and pay his £2,800 monthly expenses without requiring Sarah's involvement for every transaction. When Robert decides to sell his £420,000 home to move into assisted living, both daughters work together on the property sale, though legally either could have acted alone. This flexibility prevents administrative gridlock while maintaining oversight.

The continuity benefit becomes crucial when circumstances change. Margaret appointed three friends as jointly and severally attorneys for her Health and Welfare LPA. Two years after registration, one attorney died following a stroke. Because they were appointed jointly and severally rather than jointly, Margaret's LPA remained valid—the Office of the Public Guardian simply updated the LPA to remove the deceased attorney. The two remaining attorneys continued making decisions about Margaret's care without requiring expensive and time-consuming court involvement. If Margaret had chosen joint appointments instead, her entire LPA would have been invalidated, requiring a court-appointed deputy to make health decisions precisely when she needed protection most.

Most people choose jointly and severally because it balances flexibility with accountability. However, this means one attorney could make significant decisions without informing the others—a feature that provides efficiency but requires appointing people who trust each other and communicate well. You can mitigate this concern through mixed arrangements: appointing attorneys jointly for major decisions (selling property, making investments over £25,000) while allowing jointly and severally operation for routine matters (paying bills, managing bank accounts). This provides both protection and practicality, ensuring important decisions require unanimous agreement while maintaining day-to-day efficiency.

Common Questions

"What does jointly and severally mean when appointing attorneys for an LPA?" Jointly and severally means your attorneys can make decisions either together or independently—each attorney has the power to act alone without needing the others' agreement. This is the most flexible and practical option, allowing attorneys to share tasks or act individually as needed, such as one attorney paying bills while another manages investments.

"What happens if one attorney dies when appointed jointly and severally?" If attorneys are appointed jointly and severally, the remaining attorneys can continue to act independently. The Office of the Public Guardian will update the LPA to remove the deceased attorney, and the LPA remains valid. This is a key advantage over joint appointments, where one attorney's death invalidates the entire LPA unless replacement attorneys are named.

"Can I choose jointly and severally for some decisions and jointly for others?" Yes, you can create a mixed arrangement in your LPA. Many people appoint attorneys to act jointly for major financial decisions (like selling property) while allowing them to act jointly and severally for routine matters (like paying bills). You specify this when creating the LPA, ensuring important decisions require unanimous agreement while maintaining flexibility for day-to-day tasks.

Common Misconceptions

Myth: Jointly and severally means attorneys have to take turns making decisions.

Reality: Jointly and severally means each attorney can act independently at any time—there's no requirement to take turns, rotate responsibilities, or wait for someone else's turn. All attorneys have equal power to act simultaneously or separately as circumstances require.

Myth: If attorneys are appointed jointly and severally, they must vote on decisions by majority rule.

Reality: Jointly and severally appointments give each attorney independent authority—no voting or consensus is required. In fact, adding instructions requiring majority voting to a jointly and severally appointment makes the LPA invalid because it contradicts the appointment type. If you want consensus decision-making, appoint attorneys "jointly" instead. The OPG reported over 50,000 LPA application rejections in 2023-24, with contradictory instructions being a frequent issue.

  • Attorney (LPA Context): The person appointed to make decisions; "jointly and severally" describes how multiple attorneys work together when you appoint more than one.
  • Jointly (Attorneys): The contrasting appointment option where all attorneys must agree on every decision, unlike jointly and severally which allows independent action.
  • Replacement Attorney: Backup attorneys who can also be appointed jointly and severally, providing additional continuity if original attorneys cannot act.
  • Donor (LPA Context): The person creating the LPA who decides whether attorneys act jointly, jointly and severally, or in a mixed arrangement.
  • Lasting Power of Attorney (LPA): The legal document where jointly and severally appointments are specified, determining how multiple attorneys operate.

Need Help with Your Will?

Understanding how attorneys work together under an LPA helps you plan comprehensively for your future. While LPAs address decision-making if you lose capacity, your will determines what happens to your estate after death—both documents work together to protect your interests and your family.

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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.