Replacement Attorneys Explained: Your LPA’s Safety Net

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 9 April 2026

Most people spend time choosing the right attorney for their Lasting Power of Attorney — but far fewer think about what happens if that person can no longer do the job. A replacement attorney is the backup plan that keeps your LPA working if the worst happens. Without one, your entire LPA could fail at the moment you need it most.

What Is a Replacement Attorney?

A replacement attorney is someone you name in your LPA who steps into the role if one of your original attorneys can no longer act. They are sometimes called “standby” or “successor” attorneys, though the correct legal term under the Mental Capacity Act 2005 is replacement attorney.

Replacement attorneys have no powers until they are needed. They sit in the background, ready to step in only when an original attorney can no longer serve. Once activated, they take on exactly the same legal powers and duties as the attorney they are replacing.

Naming replacement attorneys is optional, but the Office of the Public Guardian (OPG) strongly recommends it. Think of it as insurance for your LPA — you hope you never need it, but you will be glad it is there if you do.

When Do Replacement Attorneys Step In?

A replacement attorney is activated when an original attorney can no longer act. The most common triggers are:

• Death — if an original attorney passes away, the replacement steps into their place
• Loss of mental capacity — if an attorney loses the ability to make decisions themselves, they can no longer act under the LPA
• Disclaimer — an attorney can formally give up their role by signing a deed of disclaimer, also known as refusing to act
• Bankruptcy or a debt relief order — for a Property and Financial Affairs LPA only, an attorney who becomes bankrupt is automatically disqualified
• Divorce or dissolution of civil partnership — if the donor and attorney were married or in a civil partnership and that relationship ends, the attorney is automatically removed from the LPA (unless the LPA specifically says otherwise)

In each of these situations, the replacement attorney steps in without needing a court order or any further registration. The LPA continues to operate as normal.

Why Naming Replacement Attorneys Is So Important

Without a replacement attorney, the loss of an original attorney can bring your LPA to a complete halt. Consider this scenario: Helen names her brother David as her sole attorney. Five years later, David suffers a stroke and loses capacity himself. Helen, now living with advanced dementia, has no one with legal authority to manage her finances or make health decisions on her behalf.

Helen’s family would need to apply to the Court of Protection for a deputyship order — a process that typically costs £1,000 or more, takes months, and involves ongoing court supervision. All of this could have been avoided if Helen had named a replacement attorney when she created her LPA.

How Many Replacement Attorneys Should You Name?

There is no legal limit on the number of replacement attorneys you can appoint. In practice, most people name one or two, but you could name more if you want additional security.

The right number depends on your circumstances. If you have appointed a single original attorney, naming at least one replacement is essential. If you have multiple original attorneys appointed jointly and severally, the need is less urgent — but a replacement still provides extra cover.

You can also specify the order in which replacement attorneys should step in. For example, you might say “if my daughter Sarah can no longer act, my son Michael should replace her; if Michael also cannot act, my niece Rachel should step in.” This gives you fine-grained control over succession.

How Replacement Attorneys Work with Joint vs Jointly and Several Appointments

This is where things get critical, and it is one of the areas that catches people out most often. The way you appoint your original attorneys — jointly, or jointly and severally — has a direct impact on how replacement attorneys work.

With joint appointments, replacement attorneys are particularly important. Because all joint attorneys must act together, the loss of even one attorney without a replacement destroys the entire LPA. The replacement attorney effectively takes the departing attorney’s seat, and the joint group continues to function.

With jointly and several appointments, the remaining attorneys can carry on even without a replacement. That said, naming a replacement still makes sense — it ensures you always have the number of attorneys you originally wanted.

Worth knowing: you can also specify how your replacement attorneys should work together. For example, you could state that replacement attorneys must act jointly with the remaining original attorneys, or that they should act jointly and severally. Getting this right at the drafting stage avoids confusion later.

Who Should You Choose as a Replacement Attorney?

The eligibility rules for replacement attorneys are the same as for original attorneys. They must be at least 18, have mental capacity, and — for a Property and Financial Affairs LPA — must not be bankrupt or subject to a debt relief order.

Beyond the legal requirements, the same practical considerations apply. Choose someone you trust, who understands your wishes, and who is willing and able to take on the responsibility if called upon. Good candidates often include:

• Adult children or siblings — people who know you well and are likely to be available
• Close friends — especially if family options are limited
• A professional — such as a solicitor, though they will typically charge for their services
• Someone younger than your original attorneys — this reduces the chance that the replacement will also be unable to act when needed

Make sure your replacement attorney knows they have been named. They may not need to do anything for years — or ever — but they should understand the role and your wishes so they are prepared if the time comes.

Can a Replacement Attorney Refuse to Act?

Yes. Being named as a replacement attorney does not create a legal obligation to act. If the time comes and the replacement attorney does not want to take on the role, they can formally disclaim (give up) the appointment by completing a deed of disclaimer.

This is why communication matters. If you name someone as a replacement attorney without discussing it with them first, there is a real risk they will decline when the time comes — leaving you in exactly the position you were trying to avoid.

A replacement attorney can also disclaim at any point before they are called upon to act. Once they have started acting as attorney, however, they cannot simply walk away — they would need to formally disclaim, and the OPG should be notified.

What Happens If You Don't Name Any Replacement Attorneys?

If you chose not to name replacement attorneys and your original attorney (or attorneys) can no longer act, the consequences depend on how the LPA was set up:

• Sole attorney — the LPA stops working entirely. There is no one left with authority to act on your behalf.
• Joint attorneys — if any one attorney can no longer act, the entire LPA is revoked. The remaining attorneys have no power.
• Jointly and several attorneys — the remaining attorneys can continue. The LPA only fails if all attorneys are unable to act.

In the first two situations, if the donor has already lost mental capacity, there is no way to fix the problem by creating a new LPA. The only option is for someone to apply to the Court of Protection for a deputyship order — a process that is significantly more expensive, slower, and more intrusive than an LPA.

If the donor still has capacity, they can create a new LPA with different attorneys and replacement attorneys. But this means going through the entire process again, including the £92 registration fee and the waiting period.

Common Questions About Replacement Attorneys

This guide was last reviewed and updated on 9 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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