Can a Professional Be Your LPA Attorney?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 9 April 2026

Most people choose a spouse, adult child or close friend as their attorney. But what if you don’t have a suitable family member, or your financial affairs are complex enough that you’d rather have someone qualified handling them? The good news is that the law in England and Wales allows you to appoint a professional — a solicitor, accountant, financial adviser or other qualified person — as your Lasting Power of Attorney.

Yes, You Can Appoint a Professional as Your Attorney

Under the Mental Capacity Act 2005, anyone aged 18 or over who has mental capacity can be appointed as an attorney. There is no requirement for the attorney to be a family member or even someone you know personally. That means a solicitor, accountant, independent financial adviser, or professional deputy service can all act in the role.

The person you appoint is known as the attorney and you, as the person creating the LPA, are the donor. You can appoint a professional for either a Property & Financial Affairs LPA, a Health & Welfare LPA, or both — although in practice, most people appoint professionals specifically for financial matters.

The Office of the Public Guardian (OPG) does not distinguish between professional and lay attorneys when registering an LPA. The same registration process applies, including the £92 registration fee per LPA.

When a Professional Attorney Makes Sense

For many donors, a trusted family member is the obvious choice. But there are situations where appointing a professional is the better option — or even the only realistic one.

• No suitable family or friends — not everyone has a close relative who is willing, able or trustworthy enough to take on the role
• Complex financial affairs — property portfolios, investments, tax planning and business interests can be difficult for a lay person to manage properly
• Business ownership — if you run a business, a professional attorney with commercial experience can keep things running or wind them down appropriately
• Blended families — where there are children from different relationships, appointing a neutral professional can avoid conflicts of interest
• Family disputes — if your relatives don’t get along, a professional provides an impartial decision-maker
• High-value estates — the larger the estate, the more important it is that someone with financial expertise is managing it

Take someone like Robert, a widower in his early 70s with rental properties, a share portfolio and an estranged adult son. He doesn’t feel comfortable naming his son as attorney, and his closest friends are a similar age. Appointing his long-standing solicitor gives Robert confidence that his affairs will be handled competently if he loses capacity.

Professional vs Family Attorney — Pros and Cons

Neither option is universally better. The right choice depends on your circumstances, the complexity of your affairs, and the people available to you.

Can You Appoint a Mix of Professional and Family Attorneys?

Absolutely. In fact, this is one of the most practical approaches. Because each type of LPA is a separate legal document, you can appoint completely different attorneys for each.

A common arrangement is to appoint a professional attorney for your Property & Financial Affairs LPA and a trusted family member for your Health & Welfare LPA. The logic is straightforward: managing investments and property benefits from professional expertise, while decisions about medical treatment and care are best made by someone who knows you personally.

You can also appoint a professional alongside a family member on the same LPA, acting jointly and severally. This means either attorney can act independently, giving you the benefit of both personal knowledge and professional skill. Worth knowing: if you appoint attorneys jointly (rather than jointly and severally), they must all agree on every decision — which can slow things down when one attorney is a busy professional.

Professional Attorneys Can Charge Fees — What to Expect

Unlike family members who typically act without charge, professional attorneys are entitled to charge reasonable fees for their work. This is an ongoing cost that comes out of your estate, so it pays to understand the fee structure before you commit.

Professional attorneys usually charge in one of three ways:

• Hourly rate — typically £150 to £350 per hour for solicitors, sometimes less for accountants or financial advisers
• Fixed annual fee — a set amount each year for ongoing management, which can be easier to budget for
• Percentage of assets — some firms charge a percentage of the estate’s value, often between 1% and 3% annually

The LPA should include a provision authorising the professional to charge. Without it, there can be disputes about whether fees are justified. Always ask for a written fee estimate before finalising the appointment, and include the agreed terms in the LPA or a separate letter of engagement.

For a deeper look at attorney payment rules, see our guide on whether attorneys can be paid for their work.

Trust Corporations as an Alternative

Rather than appointing an individual professional, you can appoint a trust corporation as your attorney. A trust corporation is a company authorised to act as a trustee or attorney — typically a bank, solicitors’ firm with trust company status, or a specialist organisation.

The advantage of a trust corporation is continuity. An individual solicitor might retire, become ill or die. A trust corporation continues regardless of changes in personnel. This makes them a good option for people with no family and significant assets that will need managing for years.

That said, trust corporations tend to charge higher fees than individual professionals, and the service can feel less personal. They are typically best suited to larger or more complex estates.

How Professional Attorneys Are Regulated and Supervised

One of the advantages of appointing a professional is the layer of regulation that comes with it. A solicitor acting as your attorney is regulated by the Solicitors Regulation Authority (SRA). An accountant is regulated by their professional body, such as ICAEW or ACCA. These regulators set standards of conduct, handle complaints, and can take disciplinary action.

On top of that, all attorneys — professional or otherwise — are supervised by the OPG. The OPG can investigate concerns about how an attorney is using their powers, and in serious cases, the Court of Protection can remove an attorney from their role.

Professional attorneys also carry professional indemnity insurance, which provides financial protection if they make a negligent mistake. A family member acting as attorney has no such insurance, so if they mismanage your finances, recovering losses can be much harder.

Your Right to Set Restrictions and Instructions

Whether you appoint a professional or a family member, the LPA allows you to include preferences (things you’d like your attorney to consider) and restrictions (rules your attorney must follow). When appointing a professional, these become especially useful.

For example, you could include restrictions such as:

• My attorney must not sell my main residence without also consulting my daughter
• My attorney’s fees must not exceed £5,000 per year without approval from the Court of Protection
• My attorney must provide an annual financial summary to my named family members
• My attorney must not invest in high-risk assets

These restrictions are legally binding. If your professional attorney breaches them, they could face action from the OPG or the Court of Protection. Preferences, on the other hand, are guidance rather than obligations — but a good professional attorney will take them seriously.

Getting the wording right matters. Overly restrictive instructions can make it difficult for your attorney to act effectively in unexpected situations. A professional can actually help you draft sensible restrictions before the LPA is finalised.

Choosing the Right Professional Attorney

Not all professionals are equally suited to the role. If you decide to appoint one, consider the following:

• Experience — have they acted as an attorney or deputy before? Managing an estate under an LPA requires specific knowledge
• Specialisation — a solicitor who focuses on private client or elderly care law will understand LPA duties far better than a commercial solicitor
• Fee transparency — ask for a written breakdown of costs before you commit, and check what happens to fees if the work becomes more complex
• Succession planning — what happens if the individual retires? Will a colleague take over, or will you need to make a new LPA?
• Personal rapport — you are trusting this person with your finances or welfare, so you should feel comfortable with them

For more detailed guidance, see our guides on who can be an attorney and how to choose the right attorney.

Common Questions About Professional Attorneys

This guide was last reviewed and updated on 9 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

Back to Guides