Lasting Power of Attorney
Appointing more than one attorney gives your LPA resilience — but the authority you grant them matters enormously. Here is what you need to know before you decide.
Choosing your attorneys is only half the decision. How those attorneys are authorised to act — jointly, jointly and severally, or a combination of both — determines whether your LPA will be practical and resilient in the real world, or whether it risks grinding to a halt the moment one attorney is unavailable.
This page explains the three authority models, how replacement attorneys work, and the circumstances in which an attorney's appointment automatically ends — so you can make an informed choice before you sign.
How Attorneys Are Authorised to Act
When you appoint more than one attorney, you must specify how they are authorised to act. There are three options under the Mental Capacity Act 2005:
All attorneys must agree and sign off on every decision together.
Advantages
Disadvantages
Attorneys can act together or independently — any one attorney can make decisions alone.
Advantages
Disadvantages
Jointly for some decisions, jointly and severally for others — specified in the LPA itself.
Advantages
Disadvantages
Practical Comparison
The difference between joint and joint and several authority is not just theoretical. Here is how each approach handles common real-world scenarios:
| Scenario | Joint | Joint & Several |
|---|---|---|
| One attorney is on holiday abroad | No decisions can be made until they return or can be contacted | The other attorney can act immediately without delay |
| One attorney dies | The entire LPA may fail unless a replacement attorney was named | The remaining attorney continues to act; LPA remains valid |
| Attorneys disagree on a decision | Decision is blocked until consensus is reached | Either attorney can act — but disagreement must be managed carefully |
| Routine bank transaction needed urgently | Both attorneys must be available and agree | Any attorney can authorise the transaction immediately |
Note: where attorneys are appointed jointly and severally, it is good practice for attorneys to communicate and coordinate — even though the law does not require it.
Replacement Attorneys
A replacement attorney is a named backup who steps in automatically if an original attorney can no longer act. They are not a second-tier attorney who acts alongside the originals — they only have authority once a triggering event occurs.
Replacement attorneys must be named in the original LPA document. You cannot add a replacement attorney after the LPA has been registered.
A replacement attorney has no authority until the triggering event occurs — for example, the original attorney dies or disclaims. Until then, they have no role.
A replacement attorney steps into the shoes of the original attorney. They take on the same powers and the same restrictions that applied to the person they replace.
When a replacement attorney steps in, the Office of the Public Guardian should be notified so that the register can be updated.
If your attorneys are appointed jointly and one of them dies or loses capacity, the entire LPA fails — unless you named a replacement. The Office of the Public Guardian will not be able to update the register, and the remaining attorney will have no authority to act alone. A replacement attorney prevents this outcome and keeps your LPA operational.
Even with joint and several authority, naming a replacement is good practice — particularly if you have only two attorneys and one is elderly or in poor health.
When an Attorney Can No Longer Act
An attorney's appointment does not last indefinitely. There are six circumstances in which it ends automatically — and understanding them helps you plan for continuity:
If an attorney dies, their appointment ends immediately. A replacement attorney steps in automatically if one has been named.
An attorney who loses mental capacity can no longer act. The appointment terminates by operation of law.
If an attorney is declared bankrupt, their appointment under a Property and Financial Affairs LPA ends automatically. Bankruptcy does not affect a Health and Welfare LPA.
If the donor and attorney were married or in a civil partnership and the relationship ends, the attorney's appointment is automatically revoked — unless the LPA expressly states otherwise.
An attorney can formally disclaim their appointment before the LPA is registered, or resign after registration by notifying the Office of the Public Guardian.
The Court of Protection can remove an attorney who has acted improperly, against the donor's best interests, or in breach of their fiduciary duties.
Impact on the LPA
The impact on the LPA depends on how the attorneys were appointed and whether a replacement was named:
| Appointment type | No replacement named | Replacement named |
|---|---|---|
| Sole attorney | LPA fails entirely. Court of Protection application required. | Replacement steps in. LPA continues. |
| Joint attorneys (one steps down) | LPA fails. Remaining attorney cannot act alone. | Replacement steps in alongside remaining attorney. LPA continues. |
| Joint and several (one steps down) | Remaining attorney or attorneys continue to act. LPA survives. | Replacement steps in. Full complement of attorneys restored. |
Where the LPA fails entirely, the donor's family must apply to the Court of Protection for a deputyship order — a process that typically takes 6–12 months and costs significantly more than making an LPA in the first place.
Practical Guidance
Your attorneys will have significant legal authority over your affairs. Trust, reliability, and good judgement matter far more than professional qualifications.
If you appoint two attorneys jointly, they must be able to work together. Appointing siblings who do not get on, or people who live in different countries, can create real practical problems.
Life is unpredictable. Naming a replacement costs nothing extra and protects your LPA against the risk of an attorney dying, losing capacity, or stepping down.
If your financial affairs are complex — multiple properties, business interests, investment portfolios — appointing a solicitor or accountant as one of your attorneys provides professional oversight alongside a trusted family member.
Divorce, bereavement, estrangement, or a change in an attorney's own circumstances can all affect whether your LPA still reflects your wishes. Review it regularly and consider making a new LPA if circumstances change significantly.
Frequently Asked Questions
There is no strict legal maximum on the number of attorneys you can appoint in an LPA. However, appointing too many can create practical difficulties — particularly if you choose joint authority, where every attorney must agree on every decision. Most solicitors recommend appointing two to three attorneys, with one or two replacements named as a backup.
Joint authority means all attorneys must agree and act together on every decision — one attorney cannot act alone. Joint and several authority means attorneys can act together or independently. Any single attorney can make decisions without the others. Joint and several is the most practical choice for most LPAs, as it avoids deadlock and keeps the LPA functioning even if one attorney is unavailable.
Yes — this is known as a hybrid or mixed authority arrangement. For example, you might require joint authority for major decisions such as selling your home, but allow any attorney to act independently for routine financial transactions. This approach requires careful drafting to avoid ambiguity, and we strongly recommend taking legal advice to ensure the wording is legally valid.
If your attorneys are appointed jointly and one of them dies, the entire LPA fails — unless you named a replacement attorney in the original document. This is one of the most important reasons to name a replacement attorney. If the attorneys were appointed jointly and severally, the remaining attorney or attorneys can continue to act without interruption.
A replacement attorney is a named backup who steps in automatically if an original attorney can no longer act — for example, because they have died, lost mental capacity, been declared bankrupt (for a financial LPA), or formally resigned. Replacement attorneys must be named in the original LPA document; they cannot be added after registration.
No. A replacement attorney has no authority until the triggering event occurs. Until an original attorney steps down, dies, or is removed, the replacement has no role and cannot make any decisions under the LPA.
Bankruptcy automatically terminates an attorney's appointment under a Property and Financial Affairs LPA. It does not affect a Health and Welfare LPA. If your attorney is declared bankrupt and you have not named a replacement, the LPA may be left with fewer attorneys than intended — or may fail entirely if they were the sole attorney.
If you appointed your spouse or civil partner as your attorney and you subsequently divorce or dissolve the civil partnership, their appointment is automatically revoked by law — unless the LPA document expressly states that the appointment should survive the end of the relationship. This is an important reason to review your LPA after any major life change.
Attorneys are not automatically entitled to payment for acting under an LPA. However, the LPA can include a specific provision allowing attorneys to be paid — this is more common where a professional (such as a solicitor or accountant) is appointed as attorney. Attorneys are always entitled to be reimbursed for reasonable out-of-pocket expenses incurred while acting.
Appointing a professional — such as a solicitor or accountant — as one of your attorneys can be beneficial where your financial affairs are complex, where family relationships are strained, or where you have no suitable family members or friends to act. A professional attorney brings expertise and impartiality, but will charge for their time. Many donors appoint a mix of a trusted family member and a professional to balance personal knowledge with professional oversight.
Our LPA solicitors in Chester will guide you through every decision — from choosing the right attorneys to selecting the authority model that works for your circumstances.
Get in Touch
Our wills and LPA team in Chester can advise on the right authority model for your circumstances and draft your LPA to ensure it works exactly as intended.
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