Choosing Your Attorney

Choosing your attorney is one of the most important decisions involved in making a Lasting Power of Attorney. The person you appoint may eventually have significant authority over your finances, property, care or medical treatment.

Many people appoint a spouse, adult child, relative or trusted friend. The important question is not simply whether you trust them, but whether they are suitable, willing and capable of taking on the responsibility.

An attorney may need to deal with banks, manage property, keep financial records and make difficult decisions in your best interests. Understanding what an attorney can do can therefore help when deciding who is right for the role.

You can appoint more than one attorney. If you do, you must decide whether they should act jointly, meaning they must agree on decisions, or jointly and severally, meaning they can act independently as well as together. You can also specify that some decisions must be made jointly while others can be made separately.

You can also appoint replacement attorneys who can step in if one of your original attorneys is unable or unwilling to continue acting.

How attorneys are appointed can have important practical consequences, so the structure of the appointment should be considered carefully when you set up a Lasting Power of Attorney.

At MJV Solicitors, we advise clients on choosing suitable attorneys and structuring appointments so the LPA works as intended.

For a complete overview, read our guide to Lasting Powers of Attorney. For details of MJV Solicitors' fixed fees, see our LPA Price Guide.