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Jointly (Attorneys)

Also known as: Acting Jointly, Together Only

Definition

Jointly appointed attorneys must unanimously agree on every decision and all sign documents together—if one attorney cannot act, the entire Lasting Power of Attorney fails unless replacement attorneys were appointed.

This is one of the most critical choices when creating an LPA, as it fundamentally affects how your affairs will be managed if you lose capacity.

What Does "Jointly" Mean for Attorneys?

Under the Mental Capacity Act 2005, attorneys appointed "jointly" in a Lasting Power of Attorney are treated in law as a single unit. This means they must unanimously agree on every decision and all sign any relevant documents before any action can be taken. If you appoint multiple attorneys but don't specify how they should act, the law assumes they must act jointly.

In practice, joint appointments create a committee structure where every attorney must be available and in agreement before any decision proceeds. When Sarah, David, and Emma are appointed jointly for their mother's property and financial affairs, all three must attend the bank together to access accounts. The bank requires all three signatures on financial instructions. If David is unavailable, no financial decisions can be made until he's available again. There are no exceptions to this rule, even in emergencies. To sell their mother's house, all three siblings must agree on the sale price and buyer. If one disagrees, the sale cannot proceed.

The most significant risk with joint appointments is LPA failure. If one jointly appointed attorney dies, loses capacity, or resigns, the entire LPA automatically becomes invalid unless you appointed replacement attorneys. The remaining attorneys cannot legally continue acting alone. If the donor has lost capacity when this happens, the family must apply to the Court of Protection for a deputy. This application costs £421, with annual supervision fees of £35 for minimal supervision or £320 for general supervision (2025 rates), and the process typically takes six to nine months.

Common Questions

"Do all attorneys have to agree on every decision when appointed jointly?" Yes, when attorneys are appointed jointly, they must unanimously agree on every decision and all sign any relevant documents. They are treated in law as a single unit, meaning no individual attorney can act alone. If they cannot all agree on a decision, that decision cannot be made.

"What happens if one jointly appointed attorney dies or can no longer act?" If one jointly appointed attorney becomes unable to act, the entire LPA automatically fails unless you appointed replacement attorneys. The remaining attorneys cannot continue acting on their own. This is the main disadvantage of joint appointments—you would need to apply to the Court of Protection for a deputy if the donor has lost capacity.

"Can I appoint attorneys jointly for some decisions and jointly and severally for others?" Yes, you can create a mixed approach when making your LPA. For example, you could require attorneys to act jointly for major decisions like selling property, but allow them to act jointly and severally for routine financial matters. This provides safeguards for important decisions while maintaining flexibility for everyday tasks.

Common Misconceptions

Myth: Joint attorneys can take turns making decisions—one handles finances this month while another handles things next month.

Reality: Jointly appointed attorneys must act simultaneously on every decision, not sequentially. They cannot take turns or divide responsibilities. All attorneys must agree and sign for every decision. If you want attorneys to act independently, you need "jointly and severally" instead.

Myth: If one joint attorney is unavailable in an emergency, the other attorneys can act temporarily without them.

Reality: There is no emergency exception for jointly appointed attorneys. Even in urgent situations, all joint attorneys must agree and sign before any action can be taken. If one attorney is unavailable, no decisions can be made until they're available again. Most people choose "jointly and severally" for its practical flexibility.

  • Jointly and Severally: The alternative appointment method allowing attorneys to act together or independently, providing flexibility that joint appointments lack.
  • Replacement Attorney: Critical safeguard who steps in if an original attorney cannot act, preventing LPA failure.
  • Attorney (LPA Context): The person appointed to make decisions under an LPA, whose duties are affected by joint appointment.
  • Donor (LPA Context): The person making the LPA who decides whether attorneys should act jointly or another way.
  • Lasting Power of Attorney (LPA): The legal document where the jointly or jointly and severally decision is made.

Need Help with Your Will?

Understanding how attorneys work together under an LPA is essential estate planning knowledge. While WUHLD specializes in will creation rather than LPAs, both documents work together to protect your future.

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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.