What to Do If You Have No One to Appoint as Attorney
You are not alone in this situation, and you still have options worth exploring.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
If you have no family or close friends to appoint as your LPA attorney, you can use a professional attorney (such as a solicitor) or a trust corporation instead. Your attorney does not need to be a relative — anyone aged 18 or over with mental capacity can fill the role. Here is everything you need to know about your options.
At a glance
- You still have options even if you have no family or close friends to appoint — professional attorneys and trust corporations can fill the role
- Every LPA must name at least one attorney; without one the document cannot exist
- Solicitors, accountants, and trust corporations are regulated professionals who routinely act as attorneys
- If you cannot find anyone at all, the Court of Protection can appoint a deputy if you later lose capacity — but this is far more expensive and slower than an LPA
More People Face This Than You Think
There is sometimes an assumption that creating a Lasting Power of Attorney is straightforward — just pick a family member and fill in the form. In reality, millions of people in England and Wales do not have an obvious person to appoint. Single people, those without children, people who have moved away from family, or anyone whose relatives are elderly or unwell themselves — all face this challenge.
The Office of the Public Guardian registers hundreds of thousands of LPAs every year, and a significant number of those involve professional attorneys or people outside the donor’s immediate family. So if you are struggling with this, know that you are in good company.
Why Every LPA Needs at Least One Attorney
Before looking at your options, it helps to understand why this matters. Under the Mental Capacity Act 2005, a Lasting Power of Attorney must name at least one attorney. There is no way around this. The entire purpose of an LPA is to give a specific, named person the legal authority to act on your behalf — so without an attorney, the document simply cannot exist.
That said, the law does not require your attorney to be a family member. It does not even require them to be someone you know personally. As long as the person is aged 18 or over and has mental capacity, they can be your attorney. This opens up more possibilities than many people expect.
Key point: An LPA cannot be created without at least one named attorney. But your attorney does not have to be a relative — friends, neighbours, professionals, and trust corporations can all fill this role.
Think Wider Than Immediate Family
When people say they have “no one” to appoint, they often mean they have no spouse, no children, or no siblings nearby. That is understandable — those are the people most guides suggest first. But the pool of eligible attorneys is much wider than your immediate family.
Take a moment to think about who else is in your life:
- Close friends — even if you would not call them “best friends”, a reliable and trustworthy friend can be an excellent attorney
- Neighbours — particularly if you have known them for years and trust their judgement
- Former colleagues — someone you worked closely with and respect may be willing to help
- Members of your community — people from a faith group, social club, or volunteer organisation you are part of
- Extended family — nieces, nephews, cousins, or in-laws you have a good relationship with
The right attorney does not need to be a financial expert or legally trained. What matters is that they are someone you trust, someone who will act in your best interests, and someone who is willing to take on the responsibility. Our guide on who can be an attorney for an LPA covers the full eligibility rules.
Appointing a Professional Attorney
If there really is no one in your personal life you would feel comfortable appointing, a professional attorney is a well-established alternative. Solicitors, accountants, and other regulated professionals can act as your attorney and are experienced in managing other people’s affairs.
This route has real advantages:
- They are regulated — solicitors are overseen by the Solicitors Regulation Authority, giving you an extra layer of protection
- They have experience — managing someone’s finances or liaising with care providers is part of their day job
- There is no emotional conflict — a professional makes decisions based on your stated wishes and best interests, without family dynamics getting in the way
- Continuity planning — a firm can ensure cover even if an individual solicitor retires or moves on
The main consideration is cost. Professional attorneys charge for their time, and fees are paid from your assets. Solicitors typically charge between £150 and £300 per hour, though some offer fixed-fee packages for ongoing LPA management. It is worth getting a clear fee agreement in writing before you appoint anyone.
Our guide on whether attorneys can be paid explains how professional fees work in practice.
How to Find a Professional Attorney
If you decide a professional attorney is the right route, here is how to find one:
- Law Society Solicitor Search: Visit solicitors.lawsociety.org.uk and search for local solicitors who specialise in wills, probate, and Court of Protection work — these are typically the firms most experienced in acting as attorneys.
- STEP (Society of Trust and Estate Practitioners): Visit step.org/directory for specialists in trusts, estates, and lasting power of attorney matters.
- Local firms: Call two or three local solicitors and ask whether they act as professional attorneys and what their fees are. Get any fee agreement in writing before you sign anything.
When speaking to a professional, ask these key questions:
- What do you charge, and how are fees calculated — hourly or percentage of assets?
- How do you handle succession if the individual attorney retires or leaves the firm?
- How often will you review and report back to me while I still have capacity?
- Are you registered with the Solicitors Regulation Authority (SRA) or another regulated body?
Can I Appoint an Attorney Who Lives Abroad?
Yes — there is no legal requirement for your LPA attorney to live in England or Wales, or even in the UK. An overseas family member or friend can legally be named as your attorney.
However, practical considerations apply. An attorney living abroad may find it harder to attend in person at banks, care homes, or hospitals, and some UK institutions may be less willing to deal with an attorney who cannot easily be contacted during UK business hours. If your overseas attorney is your only reliable option, consider also naming a UK-based professional attorney or trust corporation as a replacement, so there is always someone locally available if needed.
For a broader look at international considerations, see our guide on LPAs for expats and British citizens abroad.
Appointing a Trust Corporation
A trust corporation is an organisation — rather than an individual — that can act as your attorney. These are typically specialist departments within banks, law firms, or dedicated trust companies. Some well-known examples include the trust arms of major high-street banks and national solicitor networks.
The advantage of a trust corporation over an individual professional is permanence. A person can fall ill, retire, or die. A trust corporation does not. This makes them particularly attractive if you have no replacement attorneys to fall back on.
Professional Attorney
An individual solicitor or accountant you appoint by name. They bring personal accountability and expertise but may retire, move on, or become unavailable.
Trust Corporation
An organisation that acts as attorney. Offers continuity and institutional oversight, but fees can be higher and the relationship may feel less personal.
Trust corporations usually charge an annual management fee, often calculated as a percentage of the estate’s value. This can become expensive over time, so it is worth comparing options carefully and understanding exactly what you will be paying for.
What If You Genuinely Cannot Find Anyone?
If you have explored every option — personal contacts, professionals, trust corporations — and still cannot find someone suitable, then the difficult truth is that you cannot create an LPA. The law requires a named attorney, and there is no mechanism for the state to assign one for you at this stage.
That does not mean you will be left without any protection. If you later lose mental capacity and need someone to manage your affairs, a family member, friend, social worker, or local authority can apply to the Court of Protection for a deputyship order. The court will then appoint a deputy to act on your behalf.
Deputyship is a workable fallback, but it has significant downsides compared to an LPA:
- Cost — the application fee alone is £371, plus court costs and potential solicitor fees, often exceeding £1,000 in total
- Time — applications typically take several months to process
- You lose the choice — a judge decides who manages your affairs, not you
- Ongoing supervision — deputies must submit annual reports to the OPG and pay an annual supervision fee
Our guide on what happens without an LPA explains the full consequences in detail.
Replacement Attorneys When Your Options Are Limited
If you do manage to find someone to act as your attorney, naming a replacement attorney becomes even more important. A replacement steps in automatically if your original attorney dies, loses capacity, or decides they can no longer act.
Without a replacement, the loss of your only attorney could leave you in exactly the same position as having no LPA at all. If you have already lost capacity by that point, you cannot create a new one, and someone would need to go through the Court of Protection.
Even if your replacement is not your ideal first choice, having someone named in reserve is far better than having no backup. Consider mixing approaches — for example, a friend as your primary attorney and a professional solicitor as your replacement, or the other way around.
Key point: If you have limited options, naming a replacement attorney is not optional — it is essential. Losing your only attorney without a replacement can undo all your planning.
Why an Imperfect LPA Is Still Better Than No LPA
Some people put off creating an LPA because their options are not perfect. They worry about appointing someone who is not a close relative, or they feel uncomfortable asking a friend or professional to take on the role. That hesitation is understandable — but it can be costly.
Consider what happens without an LPA. If you lose mental capacity, your bank accounts could be frozen. No one can sell your property to fund your care. Medical decisions may be made by people who do not know your wishes. The only route to regaining control is through the Court of Protection — a process that is slow, expensive, and stressful for everyone involved.
An LPA with a trusted friend, a reliable neighbour, or a professional solicitor is vastly better than that. Your attorney is legally bound to act in your best interests under the Mental Capacity Act 2005. They are overseen by the OPG. And if they ever fail in their duties, they can be investigated and removed.
Put simply: an imperfect LPA gives you a voice when you can no longer speak for yourself. No LPA leaves that entirely to chance.
Practical Steps to Take Now
If you are reading this and feeling unsure where to start, here are some concrete next steps:
Write a list of everyone you trust
Do not just think of close family. Include friends, neighbours, former colleagues, and community contacts. You may be surprised by who comes to mind.
Have an honest conversation
If there is someone you think might be willing, talk to them. Explain what the role involves and give them time to consider it. Many people are honoured to be asked.
Research professional options
Contact local solicitors or trust companies to ask about acting as attorney. Get fee quotes from at least two or three providers so you can compare.
Do not wait for the perfect answer
Delaying your LPA because you are waiting for the ideal attorney is one of the biggest risks. A good-enough attorney now is worth far more than a perfect one that never gets appointed.
The LPA registration fee is £92, and once registered, it remains valid for the rest of your life. You can always review your choice of attorney later and create a new LPA if your circumstances change — as long as you still have mental capacity to do so. Our guide on LPAs for people living alone covers more of the specific challenges and planning tips for those without a partner or family nearby.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Your attorney does not have to be family — friends, neighbours, former colleagues, and community contacts are all eligible if they are over 18 and have mental capacity
- Professional attorneys are a well-established option — solicitors and trust corporations are regulated, experienced, and can provide continuity that individuals cannot
- Always name a replacement attorney — if your options are limited, losing your only attorney without a backup could undo all your planning
- An imperfect LPA is far better than none — without an LPA, a Court of Protection deputyship costs over £1,000 and takes months to arrange
- Do not delay — waiting for the perfect attorney is one of the biggest risks; a good-enough choice now is worth far more than an ideal one that never gets appointed
Common Questions About Appointing an Attorney
Can I make an LPA without naming an attorney?
No. Every LPA must name at least one attorney. Without an attorney, the document cannot exist. If you genuinely cannot find anyone, you cannot create an LPA, and the Court of Protection would appoint a deputy if you later lost capacity.
How much does a professional attorney cost?
Professional attorneys typically charge an hourly rate or a percentage of assets under management. Solicitors may charge between £150 and £300 per hour. Trust corporations often charge an annual fee based on the value of the estate. Fees are paid from the donor’s assets, not upfront by the donor.
What happens if I lose capacity and have no LPA?
If you lose mental capacity without an LPA, someone would need to apply to the Court of Protection for a deputyship order. This costs over £1,000, takes months, and means a judge decides who manages your affairs rather than you choosing yourself.
Can I appoint an attorney who lives abroad?
Yes. There is no legal requirement for your attorney to live in the UK. However, an overseas attorney may face practical difficulties dealing with UK banks and care providers. Consider naming a UK-based professional attorney or trust corporation as a replacement if your primary attorney is abroad.
Can a charity or organisation act as my attorney?
Only a trust corporation can act as a corporate attorney for an LPA. These are typically specialist departments within banks, solicitor firms, or dedicated trust companies. A charity cannot act as your attorney unless it is registered as a trust corporation.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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