How to Choose the Right Attorney
Your choice of attorney is the most important decision you will make when creating an LPA. Here is how to get it right.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
The person you choose as your attorney could one day control your bank accounts, decide where you live, or consent to medical treatment on your behalf. That is an extraordinary amount of trust to place in someone. Getting this choice right is essential, because a poorly chosen attorney can cause real harm, while a well-chosen one can provide invaluable support and peace of mind. For the full eligibility rules, see our guide on who can be an attorney for an LPA.
At a glance
- Your attorney does not need any legal or financial qualifications — most people choose a trusted family member or close friend
- The most important qualities are trustworthiness, reliability, willingness, and the ability to make difficult decisions
- Always discuss the role with your chosen attorney before naming them — they have the right to decline
- You can appoint a professional attorney (solicitor, accountant, or trust corporation) if no suitable family member is available
Qualities to Look For in an Attorney
Under the Mental Capacity Act 2005, an attorney has a legal duty to act in your best interests and to follow the principles set out in the Act. Beyond the legal requirements, there are several personal qualities that make someone a good choice:
- Trustworthy — this is the single most important quality. You must be confident that this person will act honestly and put your interests first, even when no one is watching
- Organised and responsible — managing finances or coordinating care requires attention to detail, record-keeping, and the ability to deal with paperwork and institutions
- Willing to take on the role — being an attorney is a serious commitment. The person you choose must understand what is involved and genuinely want to help
- Able to make difficult decisions — particularly for a Health and Welfare LPA, your attorney may need to make emotionally challenging choices about your treatment or living arrangements
- Good communicator — your attorney may need to liaise with banks, solicitors, care homes, the NHS, and other family members. Clear communication skills are essential
- Respectful of your wishes — a good attorney will follow your preferences and instructions, not substitute their own views for yours
Key point: Your attorney does not need any legal or financial qualifications. Most people choose family members or close friends who they trust completely.
Who Do People Typically Choose?
The vast majority of people appoint family members as their attorneys. The most common choices include:
Spouse or Partner
The most common choice, especially for a Property and Financial Affairs LPA. Your partner likely already understands your finances and shares your household responsibilities.
Adult Children
Many people appoint one or more of their adult children, particularly if their spouse is a similar age and may also need support in the future.
Siblings or Other Relatives
Brothers, sisters, nieces, or nephews can be excellent choices, particularly if you do not have children or a spouse.
Close Friends
A trusted friend can serve as an attorney. There is no requirement that your attorney be a relative — what matters is trust and willingness.
Practical Factors When Choosing an LPA Attorney
Beyond trust and character, there are several practical factors that should influence your decision:
- Age — your attorney must be at least 18, but think carefully about appointing someone who is much older than you. They may lose capacity themselves before you need them. Equally, very young adults may lack the experience to manage complex financial or medical decisions
- Location — while an attorney does not need to live nearby, proximity can be a real advantage. Managing your affairs may involve visiting your home, attending medical appointments, or meeting with care providers. An attorney who lives abroad could face significant practical difficulties
- Their own financial situation — for a Property and Financial Affairs LPA, consider whether your potential attorney manages their own finances responsibly. Someone with serious debt problems or a history of financial mismanagement may not be the best choice
- Relationship dynamics — if you appoint more than one attorney, think about whether they will be able to work together. Appointing two family members who do not get along could lead to disagreements and delays
- Health and availability — consider whether the person has the time and physical ability to take on the role when needed
Having the Conversation
Before naming someone as your attorney, you should always discuss it with them first. Being asked to be an attorney is a significant responsibility, and the person you choose has every right to decline.
When you have the conversation, make sure to cover:
- What an LPA is and what type you are creating (Property and Financial Affairs, Health and Welfare, or both)
- What they would be expected to do as your attorney
- Any specific wishes, preferences, or instructions you want them to follow
- Whether you are appointing other attorneys alongside them, and how decisions will be made (jointly or jointly and severally)
- That they can say no without any hard feelings — it is better to know now than to discover later that they are unwilling or unable
Key point: An attorney who feels pressured into the role is unlikely to perform it well. Make sure the people you choose are genuinely willing and understand what is involved.
Professional Attorneys
If you do not have family members or friends you feel comfortable appointing, you can choose a professional attorney. This is typically a solicitor, accountant, or specialist trust corporation. Professional attorneys can be particularly useful if:
- You have no close family or friends who are suitable
- Your financial affairs are complex (for example, you own multiple properties or run a business)
- There is potential for family conflict, and you want a neutral third party
- You want to appoint a professional alongside a family member, so that one handles finances and the other handles welfare decisions
Be aware that professional attorneys charge fees for their services, which are paid from your estate. These fees can vary significantly, so it is important to agree terms in advance and ensure they are recorded in the LPA or in a separate agreement.
Red Flags When Choosing an Attorney
While most attorneys act in good faith, be alert to potential warning signs when choosing someone for this role:
- Someone who is overly eager — if a person is pushing you to appoint them or seems focused on what they might gain, that is a serious concern
- Someone with a history of financial problems — bankruptcy, persistent debt, or a pattern of poor financial decisions could put your assets at risk
- Someone who is controlling or manipulative — an attorney should respect your wishes, not impose their own views on how your life should be managed
- Someone who lives far away with no plans to be available — while not an absolute barrier, distance can make the role very difficult in practice
- Someone who does not understand the responsibility — if your potential attorney treats the role casually or does not take it seriously, they may not follow through when it matters most
You can include restrictions and conditions in your LPA to limit what your attorney can do. For example, you can require them to keep accounts, consult other family members, or avoid certain types of transactions.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Trust is non-negotiable — your attorney will have significant control over your finances or welfare, so trustworthiness outweighs every other quality
- Consider practical factors — age, location, financial responsibility, and the ability to work alongside other attorneys all matter in practice
- Watch for red flags — someone who is overly eager, has a history of financial problems, or does not take the role seriously should not be appointed
- Professional attorneys are an option — solicitors or trust corporations can serve as attorneys if no suitable family member or friend is available, though they charge fees from your estate
- You can add safeguards — restrictions and conditions in the LPA can limit what your attorney can do, such as requiring them to keep accounts or consult other family members
Choosing an Attorney: Questions We Hear Most
Does my attorney need legal or financial qualifications?
No. There is no requirement for your attorney to have any professional qualifications. Most people choose trusted family members or close friends. The key qualities are trustworthiness, reliability, and willingness to take on the responsibility.
Can I appoint a solicitor or professional as my attorney?
Yes. You can appoint a solicitor, accountant, or trust corporation as a professional attorney. This is useful if you have no suitable family members or if your affairs are particularly complex. Professional attorneys charge fees for their services, paid from your estate.
What is the minimum age to be an attorney?
An attorney must be at least 18 years old and must have mental capacity themselves. For a Property and Financial Affairs LPA, a person who is bankrupt or subject to a debt relief order cannot serve as an attorney.
Should I tell someone before naming them as my attorney?
Yes, always. Being an attorney is a significant responsibility, and the person you choose has every right to decline. Discuss the role, what it involves, and your wishes before including them in your LPA.
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
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