Can Siblings Be Joint Attorneys on an LPA?
Appointing your children together can work brilliantly — if you set it up the right way.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Yes, siblings can absolutely be appointed as joint attorneys on a Lasting Power of Attorney. Many parents choose to appoint two or more of their adult children to share the attorney role, and it is one of the most common arrangements we see. But how you structure the appointment — joint, or joint and several — makes a significant difference to how smoothly things work in practice.
At a glance
- Siblings can be appointed as joint attorneys on both types of LPA — there is no legal restriction on appointing multiple children
- You can choose whether siblings must act together on every decision (joint) or can act independently (joint and several)
- Joint and several is usually the more practical choice for siblings, with joint decisions required for major matters
- If siblings are appointed jointly and one can no longer act, the entire LPA may fail unless replacement attorneys are named
- This guide applies to LPAs made under the law of England and Wales
Yes, Siblings Can Be Joint Attorneys
There is nothing in the Mental Capacity Act 2005 that prevents siblings from being appointed as joint attorneys. Any person aged 18 or over who has mental capacity and is willing to act can be named as an attorney on a Lasting Power of Attorney. That includes brothers, sisters, half-siblings, and step-siblings.
You can appoint as many attorneys as you like, so there is no upper limit on how many of your children you include. In practice, most parents who appoint siblings together choose two or three. Appointing more than four can become unwieldy, particularly if decisions need to be made quickly.
The only restriction that applies specifically to a Property and Financial Affairs LPA is that an attorney must not be bankrupt or subject to a debt relief order. For a Health and Welfare LPA, there are no financial eligibility restrictions at all.
Joint vs Joint and Several for Siblings
When you appoint more than one attorney, you must decide how they will work together. This is one of the most consequential choices you will make, and our detailed guide on joint vs joint and several attorneys explains the full picture. Here is how each option affects siblings specifically.
Joint attorneys
If you appoint siblings as joint attorneys, they must agree on every single decision. Neither can act alone. This sounds like a good safeguard, but it creates real practical problems. If one sibling is on holiday, unwell, or simply unreachable, nothing can happen until they are available. Even routine tasks — paying a bill, speaking to a bank, renewing an insurance policy — require both siblings to be involved.
Worse, if one joint attorney dies, loses capacity, or decides they no longer want to act, the entire LPA fails. The remaining sibling cannot continue alone unless you have named replacement attorneys.
Joint and several attorneys
Joint and several means each sibling can act independently on any decision, but they can also act together when they choose to. This is far more flexible. If one sibling lives closer to the donor, they can handle day-to-day banking and care arrangements without needing the other’s signature every time.
Crucially, if one sibling can no longer act, the remaining sibling attorneys continue with full authority. The LPA does not collapse.
Key point: Most families benefit from appointing siblings as joint and several, with an instruction that certain major decisions — such as selling property or making large gifts — require all attorneys to agree. This gives you flexibility for everyday matters and protection for big decisions.
Advantages of Appointing Siblings Together
There are good reasons why so many parents choose to appoint family members — and siblings in particular — as their attorneys.
Built-in accountability
When two or more siblings share the role, each one knows the other is watching. This natural oversight reduces the risk of any single person misusing their powers, even unintentionally.
Shared responsibility
Being an attorney can be demanding. Splitting the workload between siblings means no single person carries the full burden. One sibling might handle financial paperwork while another coordinates care arrangements.
Family harmony
Appointing one child over another can cause resentment that lasts for years. Including siblings together signals that you trust them equally and expect them to work as a team.
Practical coverage
Siblings often live in different areas. If one lives near the donor and handles local matters, the other can manage things that do not require physical presence, like online banking or liaising with solicitors.
Common Problems When Siblings Share the Attorney Role
While appointing siblings together has clear advantages, it does not always go smoothly. Understanding the typical problems helps you plan around them. Our guide on what happens when attorneys disagree covers disputes in detail, but here are the issues that come up most often between siblings.
Different views on care
Helen and her brother Marcus were joint attorneys for their mother, Diane. When Diane needed full-time care, Helen wanted her to stay at home with live-in carers. Marcus felt a residential care home would provide better support and be more cost-effective. Because they were appointed jointly, neither could act without the other’s agreement, and Diane’s care was delayed for weeks while they argued.
Unequal involvement
When one sibling lives five minutes from a parent and the other lives two hundred miles away, the nearby sibling inevitably does more. Over time, this imbalance can breed resentment on both sides — the local sibling feels overburdened, while the distant one feels shut out of decisions.
Old family dynamics resurfacing
Sibling relationships carry decades of history. Childhood rivalries, perceived favouritism, and long-standing grudges can all resurface when siblings are forced to make difficult decisions together under stressful circumstances. A brother who always felt his sister was the “favourite” may resist her suggestions on principle, even when they are sensible.
Financial disagreements
Siblings often have different financial situations and attitudes to money. One may want to spend freely on the parent’s comfort, while another is more cautious about preserving the estate. These differences can become acute when decisions involve selling the family home or spending down savings on care.
What Happens if One Sibling Can't Act
Life changes. A sibling who agreed to be an attorney at 35 may find themselves unable or unwilling to continue at 55. They might move abroad, develop health problems of their own, or simply decide the role is too much. What happens next depends entirely on how the appointment was structured. Our guide on what happens if an attorney dies covers one common scenario.
Joint appointment — the LPA may fail entirely
If siblings are appointed jointly and one steps down, loses capacity, becomes bankrupt (for a financial LPA), or dies, the remaining siblings cannot continue. The LPA ceases to function unless replacement attorneys have been named to step in.
Joint and several appointment — the others continue
If siblings are appointed jointly and severally, the remaining attorneys carry on with full authority. Nothing changes in practical terms, other than having one fewer person available to help with decisions.
This is one of the strongest arguments for choosing joint and several over a purely joint appointment. You should also name replacement attorneys regardless of which structure you choose, as an extra safety net.
Should You Appoint All Your Children?
Parents often feel pressure to appoint every child as an attorney to avoid anyone feeling left out. While the instinct is understandable, it is not always the right approach.
Consider David, who has four adult children. His eldest daughter, Sarah, is a chartered accountant who lives nearby. His son Tom works abroad and is rarely in the country. His daughter Emily has a demanding job and young children. His youngest, Jack, has a history of financial difficulties. Appointing all four as joint attorneys would mean every decision requires agreement from someone in a different time zone, someone too stretched to engage properly, and someone whose financial judgement may not be reliable.
A better approach for David might be to appoint Sarah and Emily as joint and several attorneys, name Tom as a replacement attorney, and leave Jack out of the formal arrangement entirely — while explaining the reasons to all four children openly.
When deciding which children to appoint, think about each one individually. Our guide on how to choose the right attorney walks you through the key factors. The most relevant considerations for siblings are:
- Proximity — at least one attorney should ideally live close enough to handle matters in person
- Reliability — can they be counted on to respond promptly and follow through?
- Financial competence — for a Property and Financial Affairs LPA, basic financial literacy matters
- Relationship with each other — siblings who do not get along will struggle to cooperate as attorneys
- Willingness — not every child wants the responsibility, and that is perfectly fine
Key point: Fairness does not mean treating every child identically. Appointing the most suitable children as attorneys and naming others as replacements is often fairer in practice than giving everyone equal authority and hoping for the best.
Practical Tips for Parents Appointing Siblings
If you have decided to appoint two or more of your children as attorneys, these steps will help you set things up for success.
Choose joint and several with safeguards
Appoint your children as joint and several attorneys, but add an instruction requiring them to act jointly for major decisions such as selling property, changing living arrangements, or making gifts over a specified amount. This gives everyday flexibility with protection where it counts.
Name replacement attorneys
Always appoint at least one replacement attorney who can step in if a sibling can no longer act. This could be another family member, a trusted friend, or a professional. Without replacements, your LPA is vulnerable to failing at the worst possible time.
Talk to all your children — not just the ones you appoint
Explain your reasoning openly. If you are appointing two children but not a third, say why. Children who understand the rationale are far less likely to feel hurt or suspicious than those who discover the arrangement later.
Set out your wishes clearly
Use the preferences section of your LPA to explain how you want decisions to be made. Would you prefer to stay at home for as long as possible? Do you want your savings used for your comfort rather than preserved for inheritance? Clear guidance reduces the scope for sibling disagreements.
Register the LPA early
Submit your completed LPA to the Office of the Public Guardian for registration while you still have full capacity. The fee is £92 per LPA, and registration typically takes 8–10 weeks. You can start the process through our pricing page.
Key Takeaways
- Siblings can be joint attorneys — there is no legal restriction on appointing two or more of your children to share the attorney role on an LPA
- Joint and several is usually best — it gives siblings flexibility for everyday decisions while allowing you to require joint agreement on major matters
- Purely joint appointments carry risk — if one sibling can no longer act, the entire LPA may fail unless replacement attorneys are in place
- You do not have to appoint every child — choose attorneys based on suitability, not obligation, and explain your reasoning to the whole family
- Name replacement attorneys — this protects your LPA if a sibling steps down, moves abroad, or becomes unable to act
Common Questions About Siblings as Joint Attorneys
Can two siblings be joint attorneys on an LPA?
Yes. Two or more siblings can be appointed as joint attorneys on a Lasting Power of Attorney. The donor can choose whether they act jointly (every decision together) or jointly and severally (together or independently). There is no legal restriction on how many siblings you appoint.
What happens if joint sibling attorneys disagree?
If siblings are appointed as joint attorneys and cannot agree, no decision can be made until they reach agreement. If the deadlock continues, any interested party can apply to the Court of Protection to resolve the dispute or remove an attorney. With joint and several appointments, one sibling can act alone, which avoids deadlock but reduces oversight. Our guide on what happens when attorneys disagree explains the options in full.
Should I appoint all my children as attorneys?
Not necessarily. While it may feel fair to include every child, more attorneys means more people who need to coordinate. Consider each child individually based on their trustworthiness, availability, financial skills, and willingness to act. Appointing one or two children as attorneys and naming others as replacement attorneys is often a better approach.
What happens if one sibling attorney can no longer act?
If siblings are appointed jointly and one can no longer act, the entire LPA may fail unless replacement attorneys have been named. If they are appointed jointly and severally, the remaining sibling attorneys can continue to act. This is one of the main reasons many families choose joint and several appointments with named replacement attorneys as a backup.
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
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