This guide explains Lasting Powers of Attorney in England and Wales in plain English. It is not legal advice. The official forms and the GOV.UK online service are free. Settle is not connected to the Office of the Public Guardian or GOV.UK.
Choosing your attorneys: who, how many, and how they decide
Checked against GOV.UK, the LP12 guide (web version updated 20 April 2026) and the Mental Capacity Act 2005 ss.10–13 on 18 October 2026.
Quick answer
An attorney must be 18 or over and have mental capacity. They can be a relative, a friend, a professional, or your husband, wife or partner, and they don't need to live in the UK. If you choose more than one, you decide whether they act jointly (all must agree), jointly and severally (each can act alone or together), or a mix. If the LPA doesn't say, the law assumes "jointly".
- Someone who is bankrupt or has a Debt Relief Order can't be a property and financial affairs attorney.2
- Replacement attorneys step in only in set circumstances, never temporarily, for example while an attorney is on holiday.3
- Lay attorneys are unpaid unless your instructions say otherwise, but can claim reasonable expenses.3
- To add an attorney later you must make a new LPA, so it's worth getting the list right now.7
Choosing attorneys is usually the conversation families put off longest, because it touches on trust, distance and old sibling dynamics. The law sets only a few hard rules. Everything else is a judgement only the donor can make, and it helps to make it out loud, with the people involved.
The rules
| Rule | Applies to | Source |
|---|---|---|
| 18 or over, with mental capacity to make their own decisions | Both types | GOV.UK1 |
| Doesn't need to live in the UK or be a British citizen | Both types | GOV.UK1 |
| Can be a relative, friend, professional (for example a solicitor), or spouse/partner | Both types | GOV.UK1 |
| Can't be bankrupt or subject to a Debt Relief Order | Property and financial affairs only | MCA s.102 |
| A trust corporation can be an attorney | Property and financial affairs only | MCA s.102 |
| Someone on the Disclosure and Barring Service (DBS) barred list can't act, unless they're a family member and aren't paid a fee | Both types | LP123 |
How many attorneys, and how they decide
You can appoint one attorney or several. With more than one, you choose how they make decisions:1
| Option | What it means | If one attorney can no longer act | Things families weigh up |
|---|---|---|---|
| Jointly | All attorneys must agree on every decision | The LPA can carry on only if a replacement attorney steps in6 | Built-in check on each other; every decision needs everyone, which can be slow if they live far apart |
| Jointly and severally | Each attorney can act alone, or together | The remaining attorney or attorneys can carry on6 | Flexible day to day; each attorney can act without the others knowing |
| Jointly for some decisions, jointly and severally for others | You list the decisions that need everyone to agree | Depends on the decision; LP12 explains the effect | Lets you keep a check on big decisions only; needs careful wording |
| Not stated | The law assumes "jointly"2 | As for jointly | Usually an oversight rather than a choice |
There is no "right" option. Settle doesn't recommend one: the choice depends on the people involved.
- Decide who should be your attorneys, with simple worksheets
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
Neutral questions to ask about each person
None of these is a test. They are prompts to help the donor think it through.
- Would they want to do it? Ask them first. An attorney can later disclaim (step down).
- Do they understand the donor's wishes and values? Especially for a health and welfare LPA.
- How near do they live? Paperwork can be done from a distance; hospital meetings are harder.
- Are they organised with money and records? Property and financial affairs attorneys handle bank accounts, bills, benefits and sometimes a house sale.
- How do they get on with the others? If you choose "jointly", they must agree on everything.
- Are they bankrupt or under a Debt Relief Order? If so, they can't act on the financial LPA.2
- Would the donor be comfortable with them seeing everything? An attorney may see bank statements and medical details.
Three families, three different choices
The Patels. Mrs Patel has two daughters: one lives nearby, one abroad. She names both as financial attorneys, acting jointly and severally, so the daughter nearby can deal with the bank day to day. She names her nephew as a replacement.
The Hughes. Mr Hughes worries about his three sons disagreeing. He names all three, acting jointly for selling his home and jointly and severally for everything else. He reads LP12's guidance on wording a mixed appointment carefully.
The Okafors. A married couple each make LPAs naming the other as sole attorney, with their adult son as replacement. If either partner dies, loses capacity or disclaims, the son steps in.
These are illustrations, not recommendations.
Replacement attorneys
You can name replacement attorneys. They step in only if an original attorney:35
- dies
- loses mental capacity
- disclaims (says they no longer want to act)
- was your spouse or civil partner and the marriage or partnership has legally ended
- becomes bankrupt or subject to a Debt Relief Order (property and financial affairs only)
You can't give an attorney the power to appoint their own replacement. A replacement can't stand in temporarily, for example while an attorney is on holiday.3
Replacement attorneys sign the LPA too, in section 11, alongside the original attorneys. See LPA signing order.
Paying attorneys, preferences and instructions
- Fees: if you want to pay an attorney a fee, you must write it in your instructions. If you don't, they can't be paid. They can still claim reasonable expenses.3
- Preferences are wishes your attorneys should bear in mind. Instructions are things they must do.3
- LP12 warns against writing instructions that contradict the rest of the LPA. Read its section 7 guidance before writing any.3
Gifts: a limit worth explaining to everyone
A property and financial affairs attorney can only give gifts on customary occasions (such as births, birthdays, weddings, anniversaries and religious holidays) to people connected with the donor, including themselves, or to charities the donor gave to or might have been expected to give to. The value must not be unreasonable given the size of the donor's estate. Anything beyond that, such as school fees, trust funds or interest-free loans, needs the Court of Protection's permission.43
It helps to say this out loud at a family meeting, so nobody is surprised later.
If things change later
- Adding an attorney: you must end the LPA and make a new one.7
- Removing an attorney: if the LPA is registered and you still have capacity, send OPG a "partial deed of revocation" with the original LPA, and tell your attorneys. Never alter the LPA document itself.7
- Divorce or dissolution: if the donor's marriage or civil partnership to an attorney ends, that attorney's appointment ends unless the LPA says otherwise.6
Frequently asked questions
Can my attorney also be my executor?
Yes, the same person can hold both roles, but they are different jobs at different times. An LPA ends when the donor dies, and the executor then deals with the estate. See What happens to an LPA when someone dies.
Can I have different attorneys for each LPA?
Each LPA is a separate document with its own attorney section, so you fill in the people for each one. Some people choose the same attorneys for both; others don't.
Is there a maximum number of attorneys?
If you need more attorneys than the form has space for, LP12 explains how to add them on continuation sheet 1, which the donor signs before section 9. Bear in mind that with many attorneys acting jointly, every decision needs everyone.3
- Decide who should be your attorneys, with simple worksheets
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
This guide is general information, not legal advice. The choice of attorneys is the donor's alone. If there is family conflict or a complicated estate, consider professional advice.
Related guides
Sources & references
The figures and rules in this guide are drawn from the official and charity pages below, checked on 18 October 2026. Each link opens the page itself. Always confirm current figures on GOV.UK before you act, as fees and processing times change.
- Choose your attorneys — GOV.UK
- Mental Capacity Act 2005, section 10 — legislation.gov.uk
- LP12: Make and register your lasting power of attorney (web version) — GOV.UK
- Mental Capacity Act 2005, section 12 (gifts) — legislation.gov.uk
- Mental Capacity Act 2005, section 13 (revocation) — legislation.gov.uk
- End your lasting power of attorney — GOV.UK
- Change your lasting power of attorney — GOV.UK
Settle publishes general information about Lasting Powers of Attorney in England and Wales. It is not a law firm, does not provide legal advice, and does not prepare, check or register LPAs. For advice about your situation, speak to a solicitor or a free advice service.