Who can I choose to be my attorney?

You can choose anyone you want to be your attorney, as long as they are 18 or over. You can have as many attorneys as you wish. Consider what an attorney has to do and choose someone you trust who will act in your best interests.

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Who can be an attorney?

You can choose anyone you want to be your attorney, as long as they are 18 or over. You can have as many attorneys as you wish but it is usual to have between one and four. If you have more than one, you can also say how you want them to work together. See ‘Having multiple attorneys’ below.

For a property and affairs LPA, the person you choose cannot be bankrupt or the subject of a ‘debt relief order’ (which can be used to help someone deal with their debts if they are in financial difficulty).

Choosing an attorney

What should I consider when choosing an attorney?

Your attorney will have very important decisions to make, and a lot of responsibility to make choices that reflect your wishes. You should choose someone who:

  • knows you well
  • you trust to make these decisions for you
  • is reliable and has the skills to carry out the role.

When choosing an attorney, it may also be helpful to:

  • think about how well they manage their own finances or make decisions about their own wellbeing or the wellbeing of others
  • take into account that your attorney may not be needed to make decisions until some time in the future. Most people choose a family member or a close friend to be their attorney, especially for a health and welfare LPA –someone younger may be appropriate
  • talk to the person you want to appoint as your attorney before you make the LPA. You can tell them about your wishes and preferences and you can make sure that they are happy taking on the role.

Can I choose a professional to be my attorney?

You can ask a professional, such as an accountant or solicitor to be your attorney. This is something to think about for a property and affairs LPA if you don’t have anyone you feel happy about choosing or if there are conflicts within your family.

A professional will charge for their time and these charges can vary. Talk to the professional before you make the LPA to understand the costs and what will be involved.

What happens if my attorney can't do their role anymore, or they don't want to?

You can also appoint a replacement attorney. This is a person who you would want to make decisions for you if your first choice of attorney is no longer able or willing to carry out their role.

This is a good idea, and can give you extra reassurance, especially if you are only appointing one person to act as your attorney.

What does an attorney have to do?

Anyone you appoint as an attorney has certain duties when they are making decisions for you. They must:

  • act in your best interests
  • consider your past and present wishes and feelings
  • keep you involved in the decisions they make, as far as you can be
  • not take advantage of you to benefit themselves
  • keep records and keep your money and property separate from their own.

Your attorney must consider whether you have mental capacity to make a decision for yourself before making it for you. They should assume that you have that capacity unless it is shown otherwise.

If they don’t think you have capacity to make a decision, they should think about whether you could make it at another time in the future.

They should also consider if it’s possible to delay the decision until you can make it. Your attorney might need to give you extra support so that you can make the decision yourself, for example by using different types of communication such as pictures. 

More information about the role of attorneys

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