How Many Attorneys Can You Have?
There is no legal maximum — but how your attorneys work together matters more than how many you appoint.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Under the Mental Capacity Act 2005, there is no legal limit on the number of attorneys you can appoint in a Lasting Power of Attorney. Our guide on who can be an attorney for an LPA covers the eligibility requirements. You can name one attorney, two, three, or more. However, the critical decision is not how many you choose, but how they are authorised to act together — and that is where the distinctions between joint, joint and several, and hybrid appointments come in.
At a glance
- There is no legal maximum — you can appoint as many attorneys as you wish under the Mental Capacity Act 2005
- Most people appoint two to three attorneys, with “jointly and severally” being the most common and flexible arrangement
- Joint attorneys must all agree on every decision — if one can no longer act, the entire LPA fails unless replacements are named
- Always name at least one replacement attorney to protect against an original attorney dying, losing capacity, or stepping down
How Many LPA Attorneys Do Most People Appoint?
While you can appoint as many as you like, most people choose between one and four attorneys. The most common arrangements are:
- One attorney — simple and straightforward, but leaves you vulnerable if that person can no longer act
- Two attorneys — the most popular choice, often a spouse and an adult child
- Three or four attorneys — provides greater flexibility and shared responsibility, but requires clear rules about how decisions are made
Appointing more than four attorneys is rare and can create practical difficulties. Banks, care homes, and other institutions may find it harder to deal with large groups of decision-makers.
Joint Attorneys
If you appoint attorneys jointly, they must all agree on every decision. No single attorney can act alone.
Advantages
Provides built-in checks and balances. Every decision is scrutinised by all attorneys. Reduces the risk of any one person acting inappropriately.
Disadvantages
All attorneys must be available for every decision, which can be impractical. If one attorney dies, loses capacity, or decides to step down, the entire LPA fails unless you have named replacement attorneys.
Important: With a joint appointment, if one attorney can no longer act, none of them can act. The LPA becomes unusable unless replacement attorneys have been named. This is one of the biggest risks of a purely joint arrangement.
Joint and Several Attorneys
If you appoint attorneys jointly and severally, each attorney can act independently. They can make decisions on their own or together.
Advantages
Much more practical for day-to-day decisions. If one attorney is unavailable or can no longer act, the remaining attorneys can continue to manage your affairs without interruption.
Disadvantages
Any single attorney can make decisions without consulting the others. This requires a high degree of trust, as there is less built-in oversight.
Joint and several is the most commonly chosen arrangement because of its flexibility. It is particularly useful when attorneys live in different locations or when one attorney needs to handle urgent matters quickly.
Hybrid Appointments
A hybrid (or "joint for some decisions, joint and several for others") arrangement gives you the best of both worlds. You can specify that certain major decisions must be agreed by all attorneys jointly, while day-to-day decisions can be handled by any one attorney acting alone.
For example, you might specify:
- Joint for: selling your home, making large gifts, or changing investments
- Joint and several for: paying bills, managing everyday banking, or making routine healthcare decisions
Hybrid arrangements are powerful but must be worded carefully. If the wording is unclear, the OPG may reject your LPA. Our guided service helps you create clear, valid hybrid instructions.
What Happens If an Attorney Can No Longer Act?
The consequences depend entirely on how you appointed your attorneys:
Joint appointment
If any one attorney dies, loses capacity, disclaims, or becomes bankrupt (for Property & Financial Affairs), the entire appointment ends. None of the remaining attorneys can act. If you have named replacement attorneys, they step in. If not, the LPA is effectively finished.
Joint and several appointment
If one attorney can no longer act, the remaining attorneys continue as before. The LPA is unaffected. This is one of the main advantages of joint and several appointments.
Hybrid appointment
If one attorney can no longer act, the joint element of the arrangement may fail (depending on the wording), but the joint and several element continues. This is why careful drafting is essential.
Replacement Attorneys
Regardless of how many primary attorneys you appoint, you should always consider naming replacement attorneys. A replacement attorney only steps in when an original attorney permanently stops acting. They do not act alongside your primary attorneys.
- Replacements are particularly important with joint appointments (to prevent the entire LPA from failing)
- You can name as many replacement attorneys as you wish
- You can specify the order in which they step in
- Replacement attorneys have the same legal powers and duties as the original attorneys
How Many Attorneys Should You Appoint? Practical Recommendations
Based on common practice and what works well:
- Two to three attorneys is usually the ideal number — enough for continuity, few enough to be practical
- Joint and several is the most flexible and commonly recommended arrangement
- If you want extra protection for major decisions, consider a hybrid arrangement
- Always appoint at least one replacement attorney
- Choose attorneys who communicate well with each other and are likely to cooperate
- Consider geography — attorneys who live nearby can deal with matters more easily
Who Should You Choose as an Attorney?
The number of attorneys matters, but choosing the right people matters even more. Look for someone who is trustworthy, reliable, and genuinely willing to take on the responsibility.
For a Property and Financial Affairs LPA, it helps to choose someone who is organised and comfortable managing money. For a Health and Welfare LPA, pick someone who understands your values and would respect your wishes about care and medical treatment.
Before naming anyone on your LPA, have an honest conversation with them. Make sure they understand what the role involves and that they are happy to take it on. Our guide on how to choose the right attorney covers this in more detail.
Tip: Our online service guides you through choosing and appointing your attorneys step by step.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Two to three is the practical sweet spot — enough people for continuity and shared responsibility, few enough for smooth dealings with banks and institutions
- Jointly and severally is the most flexible option — each attorney can act independently, and the LPA continues if one attorney can no longer serve
- Hybrid arrangements combine the best of both — require joint agreement for major decisions (e.g. selling property) while allowing independent action on day-to-day matters
- Replacement attorneys are essential insurance — they step in automatically when an original attorney permanently stops acting, avoiding the need for court involvement
- You can appoint different attorneys for each type of LPA — choose financially capable people for Property and Financial Affairs and empathetic people for Health and Welfare
Frequently Asked Questions
Is there a legal maximum number of attorneys I can appoint?
No. Under the Mental Capacity Act 2005, there is no legal limit on the number of attorneys you can appoint. However, most people choose between one and four, as appointing too many can create practical difficulties with banks and other institutions.
What is the difference between a replacement attorney and a primary attorney?
A primary attorney acts from the time the LPA is used. A replacement attorney only steps in when a primary attorney permanently stops acting, for example due to death, loss of capacity, or disclaimer. Replacement attorneys do not act alongside primary attorneys.
Can I appoint different attorneys for my financial and health LPAs?
Yes. Each LPA is a separate document, and you can name completely different attorneys for your Property and Financial Affairs LPA and your Health and Welfare LPA. Many people do this to match each attorney's strengths to the type of decisions they will make.
Can I appoint different attorneys for each type of LPA?
Yes. You can choose completely different people for your Property and Financial Affairs LPA and your Health and Welfare LPA. Many people do this based on each person's strengths.
What happens if one of my joint attorneys dies?
If attorneys are appointed jointly (all must agree), and one dies, the remaining attorneys can no longer act unless you named replacement attorneys. With jointly and severally, the remaining attorneys can continue.
Can I appoint a professional as my attorney?
Yes. You can appoint a solicitor, accountant, or other professional as your attorney. They may charge for their services. This can be useful if you don't have suitable family members or friends.
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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