Can You Appoint Family Members as LPA Attorneys?
Family members are the most common choice for attorneys — but there are rules and considerations to be aware of.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Yes — you can appoint a family member as your LPA attorney, and it is the most common arrangement in England and Wales. Spouses, adult children, siblings, and other relatives are all eligible, provided they are aged 18 or over, have mental capacity, and (for a financial LPA) are not bankrupt. There is no legal restriction on how many family members you appoint, but there are practical considerations worth understanding before you finalise your decision.
At a glance
- Yes, family members are eligible and are the most common choice for LPA attorneys in England and Wales
- Attorneys must be aged 18 or over, have mental capacity, and (for financial LPAs) not be bankrupt
- You can appoint up to four attorneys, and all of them can be family members
- Always name at least one replacement attorney in case a primary attorney cannot act
Who Can Be an Attorney for an LPA?
Under the Mental Capacity Act 2005, anyone can be appointed as an attorney provided they meet these basic requirements:
- They are 18 years of age or older
- They have the mental capacity to make decisions
- For a Property and Financial Affairs LPA, they must not be bankrupt or subject to a debt relief order
There is no restriction on family members serving as attorneys. Your spouse, civil partner, adult children, parents, siblings, nieces, nephews, and other relatives are all eligible. In fact, family members are often the most natural choice because they know you well and are invested in your wellbeing.
Our guide on who can be an attorney for an LPA covers the full eligibility criteria.
Advantages of Appointing Family Members
Family members make good attorneys for several practical reasons:
- They know you well – Family members understand your values, preferences, and what matters most to you. This helps them make decisions that align with your wishes.
- They are motivated by care – Family members typically have your best interests genuinely at heart and are willing to put in the time and effort the role requires.
- No professional fees – Unlike a professional attorney (such as a solicitor), family members do not charge for their time. They can claim reasonable out-of-pocket expenses but cannot be paid a fee.
- Accessibility – Family members are often readily available to make urgent decisions, particularly if they live nearby or are in regular contact.
- Trust – The LPA gives significant power over your affairs. Most people feel most comfortable placing that trust in someone they know well.
Potential Conflicts and Concerns
While family members are an excellent choice in most cases, there are some potential issues to consider:
- Conflicts of interest – An attorney has a legal duty to act in your best interests, not their own. If a family member stands to inherit from you, there could be a perceived or actual conflict when making financial decisions. For example, an attorney might face a dilemma about spending money on your care if it reduces their eventual inheritance.
- Family disagreements – If you appoint multiple family members as joint attorneys, they must all agree on every decision. Sibling rivalries or differing opinions can cause deadlock.
- Emotional difficulty – Health and welfare decisions can be emotionally challenging for family members, particularly around end-of-life care or moving a parent into residential care.
- Distance – If a family member lives far away or abroad, it may be difficult for them to manage your day-to-day affairs effectively.
- Capacity concerns – If you are appointing an older relative, consider whether they might themselves lose capacity in the future.
Key point: An attorney has a legal obligation to act in your best interests at all times. If a family member abuses their position, the OPG can investigate and the Court of Protection can revoke their appointment.
Appointing Your Spouse or Partner
Your spouse or civil partner is often the first person you think of as an attorney, and for good reason. They typically know your wishes better than anyone and are directly affected by decisions about your finances and care.
What catches people out is the possibility that your spouse could also lose capacity. If they are your only attorney and they become unable to act, your LPA will no longer function. This is why appointing replacement attorneys — often adult children or other trusted family members — is strongly recommended.
Our guide on whether your spouse can be your attorney covers this in more detail.
Best Practices When Appointing Family Attorneys
To get the most from family attorney appointments:
- Have an honest conversation – Make sure your chosen attorneys understand the responsibility and are willing to take it on.
- Consider appointing more than one – This provides a check and balance, and means one person is not bearing the full burden alone.
- Always appoint replacement attorneys – If your primary attorney cannot act, a replacement steps in automatically.
- Be clear about your wishes – Use the preferences and instructions sections of the LPA to guide your attorneys.
- Think about how they should act together – Jointly and severally is often the most practical arrangement, as it allows attorneys to act independently for routine matters while requiring agreement on major decisions.
If you are unsure which arrangement suits your family, our guide on how to choose the right attorney walks through the options.
How Many Family Members Should You Appoint?
You can appoint one or more family members as your attorneys. There is no requirement to appoint more than one, but many people choose to because it shares the responsibility and provides a safeguard if one attorney is unavailable.
If you appoint multiple family members, you will need to decide how they act together. There are two main options:
- Jointly – All attorneys must agree on every decision. This provides maximum oversight but can cause problems if one attorney is unavailable or if they disagree.
- Jointly and severally – Any attorney can act independently. This is more flexible and is the most common choice for families.
It is also strongly recommended that you name at least one replacement attorney. If a primary attorney can no longer act — whether through illness, death, or loss of mental capacity — the replacement steps in automatically without needing to go to court.
Be mindful that appointing too many attorneys can make decision-making unwieldy. With four joint attorneys, for example, every decision requires all four to agree, which can slow things down considerably. Our guide on how many attorneys you can have explains the practical limits in more detail.
Tip: Our service guides you through choosing and appointing family members as attorneys, with clear explanations at each step. Start your LPA online.
Important Restriction
While a family member can be your attorney, they cannot also be your certificate provider. The certificate provider must be independent — someone who is not a family member, not one of your attorneys, and not a partner or employee of one of your attorneys.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- No legal barrier to family — the Mental Capacity Act 2005 places no restriction on appointing relatives as attorneys, provided they meet the basic eligibility criteria.
- Jointly and severally is usually best — this arrangement lets any attorney act independently for routine matters, avoiding the deadlock risk that comes with a purely joint appointment.
- Certificate providers must be independent — a family member cannot act as the certificate provider for the LPA, even if they are not named as an attorney.
- Replacement attorneys are essential — if your spouse is your sole attorney and they also lose capacity, the LPA will fail unless a replacement has been named.
- Conflicts of interest still apply — a family attorney who stands to inherit must still put the donor's interests first in every financial decision.
Frequently Asked Questions
Can both my spouse and children be attorneys at the same time?
Yes, you can appoint your spouse and one or more children as attorneys together. You can choose whether they act jointly (all must agree on every decision) or jointly and severally (any of them can act independently). Many people appoint their spouse with their adult children as replacement attorneys.
Is there a maximum number of family members I can appoint as attorneys?
You can appoint up to four attorneys on a single LPA. There is no legal restriction on all of them being family members, though appointing more than two or three joint attorneys can make reaching unanimous agreement more difficult in practice.
Can a family member who lives abroad be my attorney?
There is no legal requirement for an attorney to live in the UK. However, managing someone's day-to-day affairs from abroad can be impractical, particularly for tasks like visiting banks in person or attending medical appointments. If you appoint a family member overseas, consider also appointing a UK-based co-attorney or replacement attorney.
Can I appoint my child as my attorney?
Yes, as long as they are aged 18 or over and have mental capacity. Many people appoint adult children as their attorneys. It is one of the most common arrangements, particularly when a spouse is also named as an attorney or if the donor wants younger family members to be involved in future decision-making.
Can a family member be my certificate provider?
No. The certificate provider must be independent. They cannot be a family member of the donor or of any attorney named on the LPA. This rule exists to protect the donor and ensure that the LPA is being made freely and with understanding.
What if my family members disagree about who should be attorney?
This is common. The decision belongs to the donor alone — it is your LPA and your choice. If there are concerns about disputes between family members, consider appointing a professional attorney or a trusted non-family member alongside family members to provide balance and reduce the risk of conflict.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Government guidance on GOV.UK
Give Your Family Peace of Mind
Choosing the right attorney now means your loved ones won’t face difficult decisions alone.
