Who Can Be an Attorney on a Lasting Power of Attorney in England & Wales?

This guide covers Lasting Powers of Attorney in England and Wales only. Scottish and Northern Irish law differs — separate documents are required in those jurisdictions.

In England and Wales, almost any adult aged 18 or over can be named as your LPA attorney — but some people are legally prohibited from the role, and choosing the wrong person can have serious consequences. This guide sets out exactly who qualifies, who cannot be appointed, and what your attorney is legally required to do on your behalf. GOV.UK explains who can act as an attorney under an LPA. For a broader overview, see our full LPA guide.

What Does an LPA Attorney Actually Do?

An attorney is the person — or people — you appoint to make decisions on your behalf if you lose mental capacity. Depending on the type of LPA, they may manage your bank accounts, pay your bills, make decisions about your medical care, or decide where you live.

Attorneys will only have the authority to make decisions that you have allowed them to make in the LPA. You are in control of how much or how little authority you grant — and you can include specific instructions and preferences that guide how they act.

An attorney doesn't have to be a lawyer or someone with specialist knowledge. Almost anyone you trust can take on the role — provided they meet a small number of legal requirements.

Who CAN Be an Attorney

The Basic Rules

Anyone aged 18 or over who is able to understand the responsibility of becoming an attorney can be appointed. They do not need to be a UK citizen or live in the UK — though appointing someone overseas can create practical difficulties, particularly for a Property and Financial Affairs LPA.

Good choices include:

• A spouse, civil partner, or partner — the most common choice for financial decisions
• An adult child — widely used, particularly for older donors
• A sibling or other close relative — suitable provided the relationship is strong and trust is established
• A close friend — perfectly valid if they are willing and capable
• A solicitor or professional — solicitors and trust corporations such as banks can act as attorneys. Professional attorneys can charge for their services. Always agree fees upfront
• More than one person — you can appoint multiple attorneys and decide how they make decisions

Who CANNOT Be an Attorney

For ALL LPAs:

• Attorneys cannot act in any LPA if they have lost mental capacity
• Anyone under 18
• Attorneys cannot act if they were the donor's spouse or civil partner and the relationship has legally ended — divorce or dissolution automatically removes an ex-spouse as attorney

For Property and Financial Affairs LPAs only:

• Attorneys must not be declared bankrupt or subject to a debt relief order if they are to act under a Property and Financial Affairs LPA
• If a person has been declared bankrupt, they won't be able to act as a property and finance attorney but may still be able to act as a health and welfare attorney

Care workers:

• Your attorney cannot be a professional care worker apart from in exceptional circumstances — for example, if they're your only relative

Jointly vs Jointly and Severally — How Attorneys Make Decisions

If you appoint more than one attorney, you must decide how they will act together.

Jointly

Attorneys appointed to act jointly must always act together. The advantage is that it makes it harder for an attorney to commit fraud or do something against the interests of the donor. The disadvantage is that the whole power of attorney comes to an end if one attorney dies or becomes mentally incapable.

Jointly and Severally

Attorneys acting jointly and severally may act together or separately, as they choose. This is the most flexible arrangement — if one attorney is unavailable, the others can still act. It is the most commonly used arrangement.

Mixed approach

You may want to specify that attorneys must act jointly for specific decisions, such as selling a house, but they can act jointly and severally for all other decisions. This gives you more nuanced control over high-stakes decisions while keeping day-to-day management straightforward.

Should You Appoint Replacement Attorneys?

This is one of the most overlooked aspects of setting up an LPA — and one of the most important.

A replacement attorney steps in if one of the original attorneys dies, loses capacity, no longer wishes to be an attorney, becomes bankrupt, or is no longer the donor's spouse or civil partner. They can only act if the attorney they are replacing is permanently unable to make decisions for any of the reasons above.

Though not legally required, replacement attorneys are a sensible way to protect your LPA. If you don't include replacement attorneys, your LPA will cease to work if your original attorney cannot make decisions for you. Someone new would then need to apply to the Court of Protection to get the power to act on your behalf.

Appointing at least one replacement attorney is strongly recommended.

How Many Attorneys Can You Appoint?

You can appoint as many attorneys as you like. In practice, most people appoint one or two. More than three can become unwieldy, particularly if they must act jointly.

A practical approach many people take:

• One primary attorney — your most trusted person
• One or two replacement attorneys — who step in if the primary cannot act
• Different attorneys for each LPA — you can appoint different people for each LPA, such as a family member for finances and a trusted friend for health decisions

What Are an Attorney's Legal Duties?

Being an LPA attorney is not just a practical role — it carries significant legal obligations under the Mental Capacity Act 2005.

All attorneys must follow the principles of the Mental Capacity Act. They must assume the donor can make their own decisions unless established that they cannot. They must help the donor make as many of their own decisions as they can. An attorney can only treat the donor as incapable if they have not succeeded in helping the donor make their own decision.

In practical terms, this means attorneys must:

• Always act in your best interests — not their own
• Follow any specific instructions or preferences you have written into the LPA
• Keep their own finances completely separate from yours (for financial LPAs)
• Keep records of decisions and expenditure
• Consult other people close to you where appropriate

Attorneys must act in your best interests, follow the Mental Capacity Act obligations, and consult with people close to you. If they fail in these duties, they can be investigated and removed by the Office of the Public Guardian.

Can an Attorney Be Paid?

If your attorney is a friend or relative, they can get back out-of-pocket expenses, but they can only get paid for carrying out their duties if the donor has agreed to this on the LPA form.

If you want to allow your attorney to be paid, you must include this in the LPA when you set it up. It cannot be added later. For professional attorneys such as solicitors, payment is standard — always agree the fee structure before appointing them.

What Happens If an Attorney Can No Longer Act?

Several events can bring an attorney's appointment to an end:

• Death
• Loss of mental capacity
• Bankruptcy or debt relief order (for financial LPAs)
• Divorce or dissolution of civil partnership with the donor
• The attorney formally stepping down (known as disclaiming)

A replacement attorney steps in if one of your attorneys were to die, lose mental capacity, becomes bankrupt, as a result of divorce, or if a primary attorney decides they can no longer act on your behalf.

If there is no replacement and your sole attorney can no longer act, the LPA ceases to function. Your family would then need to apply to the Court of Protection — which is costly and time-consuming — to have a deputy appointed instead.

Choosing the Right Attorney: Key Questions to Ask

Before naming someone as your attorney, consider:

• Do I trust this person completely with significant financial or personal decisions?
• Are they likely to be available and capable when needed?
• Do they understand the responsibility — and are they willing to take it on?
• Are they likely to outlive me and remain capable?
• Could their appointment cause conflict within the family?
• For financial decisions — do they manage their own finances responsibly?

Always discuss the role with your chosen attorney before naming them. It is a significant legal and personal commitment.

Attorney Eligibility: Quick Reference

The Most Important Thing to Remember

The legal requirements for an LPA attorney are straightforward — over 18, not bankrupt (for financial LPAs), and with mental capacity. But the practical requirements go much further. Your attorney will have significant power over your affairs at a time when you cannot oversee what they are doing.

Choose someone you trust without reservation — and always appoint a replacement in case your first choice cannot act when needed.

Learn how to set up an LPA step by step, or find out how much does an LPA cost.

*This article is for informational purposes only and does not constitute legal advice. This guide covers Lasting Powers of Attorney in England and Wales only. Scottish and Northern Irish law differs — separate documents are required in those jurisdictions. For complex situations, we recommend seeking independent legal guidance.*

---

When setting up a lasting power of attorney UK, choosing the right attorney is critical. Set up your LPA with our online power of attorney service UK — guided, simple, legal.

Wills & Power is a legal LPA service London residents use to protect themselves online.

Once you have chosen your attorney, you can create LPA online — London and England and Wales residents, start today.