At Blackstone Solicitors, we know that creating a Lasting Power of Attorney (LPA) can feel like a daunting task. The decisions you make will ensure your affairs are managed by people you trust if you lose the ability to make decisions for yourself. One of the most important choices is determining how many attorneys to appoint, as well as considering their roles and responsibilities. In this article, we will explain the options available when appointing attorneys under an LPA, the factors to consider, and how to structure their decision-making powers to best protect your interests.
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What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that allows you (the ‘donor’) to appoint one or more people (the ‘attorneys’) to make decisions on your behalf if you lose mental capacity. There are two types of LPAs:
- Property and Financial Affairs LPA – This gives your attorneys the authority to make decisions about your finances, including managing bank accounts, paying bills, and selling property.
- Health and Welfare LPA – This allows your attorneys to make decisions regarding your medical care, where you live, and even end-of-life decisions if you are unable to make them yourself.
Both types of LPAs can have one or more attorneys, but how many attorneys should you appoint, and how will they make decisions?
Can You Have More Than One Attorney?
Yes, you can appoint more than one attorney on your LPA. In fact, many donors choose to appoint multiple attorneys to ensure there is a balance of responsibility and that different aspects of their care or finances are covered. However, it is important to consider how your attorneys will work together and what structure will best suit your needs.
There is no strict limit to the number of attorneys you can appoint, but practical considerations usually guide donors to appoint between one and four attorneys. The reason for limiting the number of attorneys is largely due to decision-making logistics and communication. The more attorneys you have, the greater the risk of delays or disputes if they cannot agree or find it difficult to collaborate.
Joint or Several Attorneys: Understanding the Decision-Making Structure
When appointing multiple attorneys, you need to decide how they will make decisions. There are three main ways this can be structured:
- Jointly
If attorneys are appointed to act ‘jointly’, this means that they must make every decision together and agree on all actions. This arrangement can be beneficial as it encourages shared responsibility and ensures that no single attorney has too much control. However, it can also lead to delays or conflicts, especially if the attorneys live in different locations or have differing opinions.
For example, if your attorneys need to manage your bank account, they must all sign off on any transactions. If one attorney cannot be contacted or is unable to act, this could prevent the decision from being made. This structure can be risky if you are relying on swift decision-making or if one of your attorneys becomes unable to fulfil their role due to illness or other reasons.
- Jointly and Severally
Attorneys appointed to act ‘jointly and severally’ can make decisions either together or independently of one another. This gives flexibility, as any attorney can act on their own if necessary, but they can also consult with each other on more significant decisions.
This is a common structure because it combines the benefit of collaboration with the ability to act quickly. If one attorney is unavailable or unable to act, the others can continue managing your affairs without delay. For instance, if an urgent decision needs to be made about selling a property or arranging medical care, any one of the attorneys could handle the situation independently.
However, appointing attorneys to act jointly and severally also carries some risks. Because any attorney can act alone, it is crucial that you trust all of your attorneys implicitly to make decisions in your best interest.
- Jointly for Some Decisions, Severally for Others
It is also possible to specify that attorneys act jointly for some decisions but severally for others. This option allows you to tailor the decision-making process to your needs.
For example, you might require your attorneys to act jointly when making major decisions, such as selling a home, but allow them to act severally for day-to-day matters like paying bills. This provides the benefit of shared responsibility for significant actions while still maintaining flexibility for routine tasks.
Choosing the Right Number of Attorneys
While it is possible to have just one attorney, it is usually advisable to appoint more than one to ensure that there is backup in case your attorney becomes unable or unwilling to act. However, there are several factors to consider when deciding how many attorneys to appoint:
- Trust and Relationship
You should only appoint people you trust to act in your best interests, as they will have significant control over your financial or personal welfare. Ideally, your attorneys should also be able to work well together and communicate effectively. Appointing multiple attorneys who have strong, trusting relationships with each other can reduce the risk of disputes.
- Location
If your attorneys live far apart or in different countries, coordinating decisions may become difficult, particularly for time-sensitive matters like healthcare. Appointing someone local who can act in emergencies may help things run more smoothly. If you do appoint attorneys who live abroad or in different time zones, ensure they have a good communication plan in place.
- Skills and Expertise
You may want to appoint attorneys with different skills or expertise. For example, one attorney might be particularly good at managing finances, while another may have a background in healthcare or social work. By appointing multiple attorneys with complementary skills, you can ensure that different aspects of your welfare are managed effectively.
- Availability and Willingness to Act
Your attorneys should be available and willing to take on the role. Being an attorney can be time-consuming, and it requires a great deal of responsibility. Before appointing anyone, discuss the role with them to ensure they are comfortable with the commitment. If one attorney is likely to be too busy, appointing additional attorneys can share the load and prevent delays in decision-making.
- Appointing a Replacement Attorney
In addition to appointing one or more attorneys, you can also name ‘replacement attorneys’ in case one of your primary attorneys can no longer act. This ensures continuity in decision-making if, for example, your original attorney becomes ill, loses capacity, or decides they no longer wish to act. Having a replacement attorney in place provides added security and peace of mind.
What Happens if Your Attorneys Cannot Agree?
If you appoint multiple attorneys to act jointly, disagreements can arise, particularly in complex situations. If your attorneys cannot reach an agreement and they are required to act jointly, the decision cannot be made, which can cause serious delays.
However, if your attorneys are acting jointly and severally, one attorney can still make the decision independently, even if the others disagree. It’s important to note that all attorneys must always act in your best interest, and if there are serious disputes, the matter may be referred to the Court of Protection for resolution.
Changing or Removing Attorneys
Circumstances may change after your LPA is registered, and you may need to remove or replace an attorney. This can be done as long as you still have mental capacity. You will need to inform the Office of the Public Guardian (OPG) and, in some cases, complete a new LPA if significant changes are made.
If an attorney dies, loses capacity, or can no longer act, and you do not have a replacement attorney in place, the LPA may become unworkable. To avoid this situation, it’s wise to appoint multiple attorneys or name replacements from the outset.
At Blackstone Solicitors, we understand that appointing attorneys under an LPA is a crucial decision that requires careful consideration. Whether you are setting up a new LPA or reviewing an existing one, we can guide you through the process and help you determine the best structure for your needs. With our expertise, you can ensure that your attorneys are well-prepared to make decisions in your best interests, giving you peace of mind for the future.
Conclusion
There is no fixed number of attorneys that you must appoint under an LPA, and it largely depends on your personal circumstances and the complexity of your needs. You can appoint one or multiple attorneys, and structure their decision-making responsibilities in a way that works best for you. By choosing trusted individuals and carefully considering how they will work together, you can create an LPA that protects your interests and ensures your affairs are managed according to your wishes.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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