How Many Attorneys Can I Appoint In My Lasting Power Of Attorney?
Posted on 16th May 2024
As Lasting Power of Attorney Solicitors in Preston, who frequently deal with preparing and registering Lasting Powers of Attorney on behalf of our clients, we appreciate that the decision to create a Lasting Power of Attorney (LPA) is a significant step in managing and planning for your future, ensuring that your personal and financial affairs are in trusted hands should you lose the capacity to make decisions for yourself. One of the essential aspects of creating an LPA involves appointing an attorney or attorneys to act on your behalf. The question often arises: how many attorneys can you appoint in a Lasting Power of Attorney? Let’s delve into the details.
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What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you (the ‘donor’) to appoint one or more individuals (the ‘attorney(s)’) to make decisions on your behalf. There are two types of LPAs: one for health and welfare and another for property and financial affairs. You can choose to create either or both, depending on your needs. Whilst many of our Lasting Power of Attorney clients will make both, some clients will make the one they feel most necessary, and make the other at a later date, spreading the costs involved with making the documents over time.
What is an Attorney in a Lasting Power of Attorney?
An Attorney is somebody (or people) that you appoint to deal with your affairs on your behalf. This could be whoever you choose: a friend, a family member, or a professional, but it should be someone that you trust. The person, for a Financial LPA, should not be bankrupt, as attorneys cannot act if they do not have perceived good financial standing.
Appointing Multiple Attorneys
Theoretically, there is no limit on the number of Attorneys that you can appoint. You are able to appoint replacement Attorneys, who can step in if one – or all - of the original Attorneys becomes unable or unwilling to act.
When it comes to appointing attorneys, there is considerable flexibility. You can appoint just one attorney, or you can choose to appoint multiple attorneys. There is no legal maximum limit to the number of attorneys you can appoint. However, it is essential to consider the practicality and implications of your decision.
Can I appoint only one Attorney?
Our Lasting Power of Attorney Solicitors in Preston would explain that, whilst you can appoint only one Attorney, it is advisable, in most cases, to appoint more than one.
For example, you may choose to appoint only your friend as the sole Attorney. If anything were to happen to your friend, for example they were unable to act or unwilling to act, and you have no one else appointed as Attorney or a replacement, you may find that your Lasting Power of Attorney is invalidated. You would then need to revoke your LPA, and make a new one, incurring additional, and unnecessary, costs. Sadly, if you do not have capacity, you would not be able to do this, and a loved one would need to apply to the Court of Protection to be appointed as your deputy. When the costs of such an application are far greater than making LPAs, it seems wasteful to spend time and money making LPAs, only for a proposed Deputy to incur more than three times the amounts of costs applying to the Court. However, with only one attorney appointed, this scenario can happen.
To avoid this, it’s best to appoint at least one initial Attorney, and one or more replacement Attorneys.
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Pros and Cons of Multiple Attorneys
Pros:
Multiple viewpoints:
Different attorneys can bring diverse perspectives and skills to decision-making.
Shared workload:
Handling an individual’s affairs, especially if they are complex, can be time-consuming and stressful. Having more than one attorney can spread the responsibilities.
Checks and balances:
When attorneys are required to act jointly, it ensures decisions are agreed upon by more than one person, which can provide a safeguard against rash or harmful decisions.
Cons:
Potential for conflict:
Multiple attorneys might have differing opinions, leading to disputes and decision-making paralysis.
Complexity:
Managing communication and coordination between multiple attorneys can be challenging, especially if they must act jointly.
Increased costs:
If professional attorneys are appointed, more attorneys mean higher costs.
Choosing the Right Number of Attorneys
When deciding how many attorneys to appoint, consider your personal circumstances, the complexity of your affairs, and the dynamics between potential attorneys. It’s crucial to appoint people you trust implicitly and who will work well together.
Remember, appointing multiple attorneys is about ensuring that your affairs are managed effectively and according to your wishes. It is not a decision to be taken lightly. Consider the pros and cons, and make a choice that best suits your needs and gives you peace of mind.
Joint Attorneys and Joint and Several Attorneys
When appointing more than one attorney, you can choose for them to act ‘jointly’ or ‘jointly and severally’:
Jointly:
This means that the attorneys must agree on every decision and act together. This can ensure decisions are carefully considered and unanimous but might be impractical if quick or emergency decisions are needed, or if the attorneys live far apart.
Jointly and Severally:
This allows any one of the attorneys to make decisions independently. This can provide more flexibility and ensure that decisions can be made without delay. However, it also means that each attorney has significant control, which could be a risk if not all attorneys are fully trustworthy.
What information will I need about my Attorneys for my Lasting Power of Attorney?
You will need to provide your Attorney’s full names, their date of birth, and their full address. If you have the information, you can provide an email address so that they can be contacted by the Office of the Public Guardian by email.
Your Attorneys information will need to be up to date at the time of making the LPA, although attorneys may obviously change addresses during your lifetime. In this situation, it is best to contact the Office of the Public Guardian to provide the attorney’s correct, new details, and they will note their records.
How to instruct MG Legal’s Lasting Power of Attorney Solicitors in Preston
There is no one-size-fits-all answer to how many attorneys you should appoint in a Lasting Power of Attorney. The key is to balance flexibility, security, and practicality. Whether you choose one attorney or several, the most important aspect is that they are trustworthy, capable, and understand your wishes and best interests. It is advisable to discuss your intentions with a legal professional who can guide you through the process and ensure your LPA is set up correctly.
In the end, an LPA is more than just a legal document; it’s a provision for your future, ensuring your welfare and affairs are handled respectfully and according to your wishes, no matter what happens.
To instruct our SRA-Regulated, Lasting Power of Attorney-drafting experts, call 01772 783314, or email wills@mglegal.co.uk to arrange an appointment.
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Tagged as: Lasting Power of Attorney, Solicitors in Preston
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