Who Can Be an Attorney for an LPA?
Understanding the legal requirements, who people typically choose, and what qualities to look for in an attorney.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
If you are creating a Lasting Power of Attorney, the biggest decision is not the paperwork — it is the person. Your attorney will have significant legal authority to make decisions on your behalf, so choosing the right one matters more than almost anything else in the process. Here is who is eligible, who is not, and what qualities you should look for.
At a glance
- Anyone aged 18 or over with mental capacity can be your LPA attorney — no legal qualifications are needed
- An undischarged bankrupt cannot be an attorney for a Property and Financial Affairs LPA, but can for a Health and Welfare LPA
- There is no limit on the number of attorneys you can appoint, and you should always name at least one replacement
- Multiple attorneys can act jointly, jointly and severally, or a combination of both
Legal Requirements for an Attorney
Under the Mental Capacity Act 2005, an attorney for a Lasting Power of Attorney must meet certain basic legal requirements:
- Aged 18 or over — your attorney must be an adult at the time the LPA is made
- Have mental capacity — they must be able to understand the responsibility they are taking on
- Willing to act — no one can be forced to be an attorney; they must agree voluntarily
There is no requirement for the attorney to live in the UK, though appointing someone who lives abroad can create practical difficulties. There is also no requirement for the attorney to have any legal or financial qualifications — the word "attorney" here simply means the person you have appointed.
Key point: An "attorney" in this context has nothing to do with being a lawyer. It is simply the legal term for the person you choose to act on your behalf under the LPA.
Who Do Most People Choose?
Most people choose someone close to them — someone they know well and trust deeply. The most common choices include:
Spouse or Partner
The most popular choice. Your spouse or civil partner usually knows your wishes, values and financial situation better than anyone.
Adult Children
Many parents appoint one or more of their adult children as attorneys, often alongside their spouse as a safeguard.
Close Friends
A trusted friend can be an excellent choice, particularly if family relationships are complicated or if your family members live far away.
Other Family Members
Siblings, nieces, nephews or other relatives can also be appointed if they are suitable and willing.
Who Cannot Be an Attorney?
While the rules are relatively broad, there are some people who are not eligible to act as an attorney:
- Anyone under 18 — you cannot appoint a minor
- Anyone who lacks mental capacity — the attorney must be able to understand their responsibilities
- An undischarged bankrupt — for a Property & Financial Affairs LPA only (a bankrupt person can still act as an attorney for a Health & Welfare LPA)
- A person subject to a debt relief order — again, for a Property & Financial Affairs LPA only
Worth knowing: if an attorney later becomes bankrupt, their appointment as a Property & Financial Affairs attorney is automatically revoked. This does not affect their role as a Health & Welfare attorney.
What Qualities Should an LPA Attorney Have?
Beyond the legal requirements, you should think carefully about the personal qualities that matter. Being an attorney is a serious responsibility, and the right person needs to be:
- Trustworthy — they will have access to your finances, property and personal decisions
- Reliable — they need to be available and willing to act when the time comes, which could be years from now
- Good at communication — they may need to deal with banks, solicitors, doctors and care homes on your behalf
- Capable of managing finances — particularly for a Property & Financial Affairs LPA, they should be comfortable handling money
- Respectful of your wishes — an attorney must act in your best interests and follow any instructions you set out in the LPA
- Emotionally resilient — for a Health & Welfare LPA, they may need to make difficult medical decisions, including choices about life-sustaining treatment
Can You Appoint a Professional Attorney?
You are not limited to choosing family or friends. You can also appoint a professional attorney, such as a solicitor or accountant, to manage your affairs. This can be a sensible option if:
- You do not have suitable family members or friends to appoint
- Your financial affairs are particularly complex
- You want to avoid potential family disputes over decision-making
- You want the reassurance of professional expertise and regulation
Be aware that professional attorneys will charge fees for their services. These fees vary, but they are taken from the donor's assets. It is important to agree the fee structure in advance and to ensure it is reasonable.
Appointing Multiple Attorneys
You can appoint more than one attorney, and many people choose to do so for added security. If you appoint multiple attorneys, you need to decide how they will work together:
Jointly
All attorneys must agree on every decision. If one cannot act (e.g. due to illness or death), none of them can act unless you have named a replacement.
Jointly & Severally
Attorneys can act together or independently. This is the most flexible option and is the most commonly chosen arrangement.
Mixed
Attorneys must act jointly for some decisions (e.g. selling property) but can act independently for others (e.g. day-to-day banking).
Replacement Attorneys
It is strongly recommended to appoint at least one replacement attorney. A replacement steps in if an original attorney is unable or unwilling to act — for example, if they die, lose mental capacity, or decide to resign.
Without a replacement, you may need to create an entirely new LPA if your only attorney can no longer serve. This is only possible while you still have mental capacity. If you have already lost capacity, the only option would be for someone to apply to the Court of Protection to become your deputy — a lengthy and expensive process.
Key point: Always have an open, honest conversation with the people you want to appoint as attorneys. Make sure they understand what the role involves and that they are willing to take it on before you name them in your LPA.
What Are an Attorney's Responsibilities?
Once appointed and the LPA is registered, your attorney has a legal duty to act responsibly. Our guide on the duties of an attorney covers these in full detail. In summary, they must:
- Act in your best interests at all times
- Follow any instructions you have set out in the LPA
- Consider any preferences you have expressed
- Keep their own finances and property separate from yours
- Keep accurate records of decisions made and money handled on your behalf
- Not delegate their authority to someone else (unless the LPA specifically allows it)
These duties are set out in the Mental Capacity Act 2005 and the associated Code of Practice. If an attorney fails to meet these obligations, they can be investigated by the OPG and, in serious cases, removed by the Court of Protection.
More Guides About Choosing LPA Attorneys
Qualities to look for, red flags to avoid, and practical tips for making the right choice. Can a Husband or Wife Be an Attorney?
Why spouses are a popular choice and the practical issues to plan for. Can You Appoint Family Members as Attorneys?
Eligibility rules, advantages, and potential conflicts when choosing relatives. How Many Attorneys Can You Have?
There is no legal limit, but how they work together matters more than the number. Joint vs Joint and Several Attorneys Explained
The key differences between joint and joint-and-several appointments and which to choose.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Eligibility is simple — any adult aged 18+ with mental capacity who is willing to act can be your attorney; no professional qualifications are required
- Bankruptcy disqualifies for financial LPAs only — an undischarged bankrupt cannot manage your Property and Financial Affairs but can still act as a Health and Welfare attorney
- Jointly and severally is the most flexible arrangement — attorneys can act independently or together, and the LPA continues if one attorney can no longer serve
- Always appoint replacement attorneys — without a replacement, you may need a new LPA or a costly Court of Protection application if your only attorney cannot act
- Trust and reliability matter most — your attorney must act in your best interests, follow your instructions, and keep your finances separate from their own
Key Questions on Choosing an Attorney
Can a friend be my attorney for an LPA?
Yes. Any trusted person aged 18 or over with mental capacity can be your attorney. There is no requirement for your attorney to be a family member. Many people choose close friends, particularly if family relationships are complicated.
Can a bankrupt person be an LPA attorney?
An undischarged bankrupt cannot be an attorney for a Property and Financial Affairs LPA, but they can act as an attorney for a Health and Welfare LPA. If an existing attorney becomes bankrupt, their Property and Financial Affairs appointment is automatically revoked.
How many attorneys can I appoint?
There is no legal limit on the number of attorneys you can appoint. Most people choose between one and four. You can also appoint replacement attorneys who step in if an original attorney can no longer act.
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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