Choosing Your Attorney

The choice of attorney is one of the most important decisions involved in making a Lasting Power of Attorney. This is the person who may make decisions about your finances, property, care, or medical treatment if you become unable to make those decisions yourself.

Many people choose a spouse, adult child, or trusted friend. The key question is not simply who you trust, but whether that person is suitable, willing, and capable of taking on the responsibility. The role can involve dealing with banks, managing property, keeping accurate financial records, and making difficult decisions in someone else's best interests — sometimes over an extended period.

You can appoint more than one attorney and specify how they should act — either jointly, meaning they must agree on every decision, or jointly and severally, meaning they can act independently. You can also appoint substitute attorneys to step in if your first choice is unable or unwilling to act.

The structure of the appointment matters. A poorly drafted appointment can create practical difficulties or disputes later.

At MJV Solicitors, we guide clients through selecting appropriate attorneys and structuring the appointment correctly from the outset.

FAQ

Who can I appoint as my attorney?
Any adult you trust who is willing and capable of taking on the responsibility.
Can I appoint more than one attorney?
Yes, and you can specify whether they must act jointly or can act independently.
What is a substitute attorney?
A backup attorney who steps in if your primary attorney is unable or unwilling to act.

If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.