Can You Appoint the Same Attorney for Both LPAs?

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

One of the first questions people ask when creating their Lasting Power of Attorney is whether they need to choose separate attorneys for each type. The short answer: you absolutely can use the same attorney for both LPAs, and the majority of people in England and Wales do exactly that. But depending on your family situation and who you trust, splitting the role between different people can sometimes work better.

Yes, You Can Use the Same Attorney for Both LPAs

There is nothing in the Mental Capacity Act 2005 that prevents you from naming the same person as attorney on both your Property & Financial Affairs LPA and your Health & Welfare LPA. In fact, this is the most common arrangement. Married couples, for instance, routinely appoint each other as attorney for both types.

Each LPA is a separate legal document, registered independently with the Office of the Public Guardian (OPG). You pay the £92 registration fee for each one. The fact that the same person appears on both does not create any legal complication — the OPG processes them as two distinct instruments.

So if you have one person you trust completely — with your money, your health, and your welfare — there is every reason to name them on both. It keeps things simple and avoids potential confusion between multiple attorneys.

Advantages of Appointing the Same Person for Both LPAs

Using a single attorney (or the same group of attorneys) across both LPAs offers several practical benefits:

• Simplicity — one person manages everything, so there is no risk of crossed wires between a financial attorney and a welfare attorney
• Joined-up decisions — financial and welfare choices are often linked. If your attorney is arranging a care home, they can also manage how it gets paid for, without having to coordinate with someone else
• One point of contact — banks, care providers, hospitals and solicitors only need to deal with one attorney, which speeds things up
• Less paperwork — the same person can present both LPAs to any organisation as needed
• Consistency — your attorney understands the full picture of your life, not just one part of it

For many families, this is the obvious choice. If your spouse or partner knows your finances, understands your health preferences, and you trust them completely, appointing them for both LPAs is straightforward and effective.

When Different Attorneys for Each LPA Makes More Sense

That said, there are genuine situations where splitting the role between different people is the smarter move. Consider appointing different attorneys if:

• One person is financially sharp but emotionally unsuitable for health decisions — your accountant friend might be brilliant with money but the wrong person to decide whether you should have surgery
• A family member is too emotionally close — a spouse or child might struggle to make tough end-of-life decisions, even if they manage your bank accounts perfectly well
• You want to share responsibility — giving different children different roles can reduce the burden on any single person and play to each person’s strengths
• There are family dynamics at play — if appointing family members could cause tension, splitting the roles can help each person feel involved without creating conflict
• Your financial affairs are complex — if you run a business, have investments, or own property abroad, you might want an attorney with specific financial experience for that LPA

The Skills Needed for Each Type of LPA

To decide whether the same person is right for both, it helps to understand what each LPA actually demands of your attorney in practice.

Some people have both skill sets. Others excel at one but not the other. Think honestly about the people in your life. Your daughter who works in finance might be the perfect financial attorney, while your son who works in healthcare might be the natural choice for welfare decisions. Or your spouse might be the right person for everything. There are no wrong answers — only what works for your family.

How to Structure Your Attorney Appointments

Whether you use the same attorneys or different ones, you still need to decide how your attorneys work together on each LPA. The two main options are:

• Jointly — all attorneys must agree on every decision. Provides maximum oversight but creates a single point of failure if one attorney can no longer act
• Jointly and severally — each attorney can act independently or together. More flexible and resilient, which is why most people choose this option

You can choose different structures for each LPA. For example, you might appoint your two children jointly and severally on the financial LPA (so either can manage your banking) but jointly on the welfare LPA (so both must agree on care decisions). The structure does not need to match across the two LPAs.

Worth knowing: if you appoint the same person as sole attorney for both LPAs, the joint/several question does not arise — it only matters when you have two or more attorneys on a single LPA.

Replacement Attorneys: Should They Mirror Across Both LPAs?

Replacement attorneys step in if your original attorney dies, loses mental capacity, or decides they no longer want to act. They are your safety net — and they matter even more when you have used the same attorney for both LPAs.

If your sole attorney for both LPAs becomes unable to act and you have no replacements named, both LPAs fail. Your family would then need to apply to the Court of Protection for a deputyship order — a process that costs significantly more and takes much longer.

Many people mirror their replacement attorneys across both LPAs to keep things consistent. But you might choose different replacements for each if:

• One replacement is better suited to financial management than welfare decisions (or vice versa)
• You want to spread responsibility across more family members
• Your replacement for financial matters lives nearby and can deal with banks in person, while your welfare replacement is the family member who knows your health preferences best

Practical Examples: How Families Approach This

Couple mirroring each other: Sarah and Graham are married and in their 60s. They each create both types of LPA and name each other as attorney for both. Their daughter Emma is named as replacement attorney on all four LPAs. This is the simplest and most common setup for couples.

Adult children sharing the role: Diane is a widow with two daughters. She appoints both daughters jointly and severally on her financial LPA, because either can handle banking and bills. For her welfare LPA, she names only her elder daughter Rachel, who works as a nurse and understands healthcare decisions. Her younger daughter Laura is named as replacement on the welfare LPA.

Different attorneys for each: Peter runs a small business and has complex finances. He appoints his business partner as attorney on his financial LPA — someone who already understands the accounts and can keep things running. For his welfare LPA, he appoints his wife, who knows his health preferences and values. Both LPAs have separate replacement attorneys chosen for the same reasons.

Single person with trusted friends: Nadia is unmarried with no children. She appoints her closest friend as attorney for both LPAs and names a second friend as replacement. Because she trusts one person completely and wants simplicity, the same attorney for both types works well for her.

Things to Consider Before You Decide

Before settling on your attorneys, ask yourself these questions:

• Does the person I trust most have the skills and temperament for both financial and welfare decisions?
• If my attorney for both LPAs can no longer act, do I have strong replacements named on each LPA?
• Would splitting the role reduce the burden on any single person?
• Are there family dynamics — sibling rivalries, strained relationships — that would make separate appointments smoother?
• Do I have someone with specific financial expertise who would be better placed to manage my money than my general first-choice attorney?

If you are unsure, talk to the people you are considering. Many families find that an open conversation about roles and expectations clears things up quickly. Your choice of attorney is one of the most important decisions in the whole LPA process — take your time with it.

Common Questions About Using the Same Attorney for Both LPAs

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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