Joint vs Joint and Several Attorneys Explained
How your attorneys work together — and what happens when one can no longer act.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
When you appoint more than one attorney under a Lasting Power of Attorney (LPA) — see our guide on who can be an attorney — you must decide how they should work together. This decision is one of the most important you will make when setting up your LPA, because it affects how decisions are made, what happens if an attorney can no longer act, and whether your LPA survives if something goes wrong. Under English and Welsh law, there are three options: jointly, jointly and severally, or a hybrid combination of both.
At a glance
- Joint means all attorneys must agree on every decision — if one cannot act, the entire LPA fails
- Joint and several means each attorney can act independently — the most popular choice for flexibility and resilience
- A hybrid option lets you require joint agreement for major decisions (e.g. selling property) while allowing independent action for everyday matters
- Always name replacement attorneys, especially with a joint appointment, to prevent the LPA from becoming unusable
What Does "Joint" Mean?
If you appoint your attorneys to act jointly, they must all agree on every decision. No single attorney can act alone — every decision requires the unanimous agreement of all appointed attorneys. This applies to everything from paying a utility bill to selling a property, or from consenting to medical treatment to deciding on care arrangements.
While this sounds like a good safeguard, the practical consequences can be significant:
- All attorneys must be present or consulted for every decision, which can cause delays
- If one attorney loses mental capacity, the entire LPA fails — the remaining attorneys cannot continue to act
- If one attorney dies, the LPA is revoked unless you have named replacement attorneys
- If one attorney disclaims (formally refuses to act), the same problem arises
- For a Property & Financial Affairs LPA, if one attorney goes bankrupt, the LPA fails
Key point: A joint appointment provides maximum oversight but creates a single point of failure. If any one attorney can no longer act for any reason, the entire LPA may be rendered unusable unless replacement attorneys have been appointed.
What Does "Joint and Several" Mean?
If you appoint your attorneys to act jointly and severally, each attorney can act independently of the others. They can make decisions on their own without needing to consult the other attorneys first. They can also choose to act together on certain matters if they wish — the key is that they have the flexibility to do either.
This is the most popular choice for good reason:
- Practical convenience — one attorney can handle day-to-day matters without needing to track down the others
- Resilience — if one attorney dies, loses capacity, or disclaims, the remaining attorneys can continue to act
- Speed — urgent decisions can be made quickly by whichever attorney is available
- Geographic flexibility — attorneys who live in different parts of the country (or world) can each handle matters in their area
The potential drawback is that there is less built-in oversight. One attorney could make a decision that the others disagree with. However, all attorneys remain bound by their legal duties to act in the donor's best interests, and any disputes between attorneys can be referred to the Court of Protection.
The Hybrid Option: Joint for Some, Joint and Several for Others
The LPA form allows you to create a hybrid arrangement where your attorneys must act jointly for certain important decisions but can act jointly and severally for everything else. This gives you the best of both worlds — oversight where it matters most, and flexibility for routine matters.
Common examples of hybrid instructions include:
- Attorneys must act jointly to sell or purchase property, but may act jointly and severally for all other financial decisions
- Attorneys must act jointly to make decisions about where the donor lives, but may act jointly and severally for day-to-day care decisions
- Attorneys must act jointly for any transaction over a specified value (for example, £5,000), but may act jointly and severally below that threshold
Important: If you choose a hybrid arrangement, the instructions must be drafted very clearly. Ambiguous wording can cause problems when attorneys try to use the LPA with banks, care homes, or other third parties. Consider seeking professional help to get the wording right.
What Happens When an Attorney Dies or Can No Longer Act?
The consequences of an attorney being unable to act depend entirely on the type of appointment:
Joint Appointment
If any attorney dies, loses capacity, disclaims, or (for financial LPAs) goes bankrupt, the entire LPA fails. The remaining attorneys cannot continue to act. Only named replacement attorneys can step in — and they replace all the original attorneys, not just the one who left.
Joint and Several
If one attorney dies, loses capacity, or disclaims, the remaining attorneys can continue to act as if nothing has changed. Replacement attorneys only step in when all original attorneys can no longer act. This makes the LPA far more resilient.
Practical Examples
To illustrate the real-world impact of this choice, consider the following scenarios:
Scenario 1 — Joint attorneys: Helen appoints her two sons, David and Robert, as joint attorneys for her Property & Financial Affairs LPA. Robert suffers a stroke and loses mental capacity. Because the appointment is joint, David cannot use the LPA at all. Helen's finances are effectively frozen unless she has named replacement attorneys or the family applies to the Court of Protection for a deputyship order.
Scenario 2 — Joint and several attorneys: The same situation, but Helen appointed David and Robert jointly and severally. When Robert loses capacity, David can continue to manage Helen's affairs without interruption. He can pay her bills, manage her investments, and deal with her bank — all on his own authority.
Scenario 3 — Hybrid: Helen appoints David and Robert jointly and severally, but specifies they must act jointly to sell her house. Day-to-day banking can be handled by either son alone, but if the family home needs to be sold to fund care, both must agree. If Robert later loses capacity, the house cannot be sold under the LPA — but all other financial matters can still be managed by David.
Joint or Joint and Several: Which Should You Choose?
There is no single right answer — it depends on your circumstances and the level of trust you have in your attorneys. Here are some general guidelines:
- Choose jointly if you want maximum oversight and your attorneys live near each other, are both in good health, and you have named replacement attorneys as a safety net
- Choose jointly and severally if you want flexibility and resilience — particularly if your attorneys live far apart, or if you are concerned about the LPA failing due to one attorney's inability to act
- Choose a hybrid if you want to protect major decisions with joint oversight while allowing day-to-day flexibility
Most legal professionals recommend jointly and severally as the default option, because it offers the greatest practical flexibility while still requiring all attorneys to follow their legal duties. If you are concerned about oversight, you can add additional attorneys or include specific instructions in the LPA to require consultation on major decisions.
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Key Takeaways
- Joint and several is the safest default — it offers maximum flexibility and ensures the LPA survives if one attorney can no longer act
- Joint appointments create a single point of failure — if any attorney dies, loses capacity, goes bankrupt, or disclaims, the entire LPA fails without replacement attorneys
- Hybrid instructions must be clearly worded — ambiguous wording can cause problems with banks and care homes, so consider professional help to get it right
- All attorneys remain legally bound — regardless of the arrangement, every attorney must act in the donor's best interests under the Mental Capacity Act 2005
Frequently Asked Questions
What happens to a joint LPA if one attorney dies?
If attorneys are appointed jointly and one dies, the entire LPA fails and the remaining attorneys cannot continue to act. This is why naming replacement attorneys is essential with a joint appointment.
Which attorney arrangement do most people choose?
Joint and several is the most popular choice because it offers the greatest flexibility. Each attorney can act independently for day-to-day matters, and if one attorney can no longer act, the remaining attorneys continue without interruption.
Can I require joint agreement for some decisions but not others?
Yes. This is called a hybrid arrangement. For example, you can require all attorneys to agree jointly on selling property, while allowing any single attorney to handle everyday banking independently. The wording must be clear to avoid rejection by the OPG.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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