How to choose the right LPA attorney, what qualities matter, joint vs joint and several appointments, replacement attorneys, and how to avoid family conflict.
This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 15 min.
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Yes. Many people appoint their spouse as their sole attorney. The main risk is that if your spouse dies before you, loses capacity, or can no longer act, the LPA may fail unless you have appointed a replacement attorney. Consider appointing an adult child or trusted friend as a replacement.
Yes. This is common. The practical question is whether they can work together effectively. If there is any history of disagreement between them, joint appointment may create problems. Joint and several appointment, where each can act independently, is often more practical, though it reduces mutual oversight.
An attorney cannot charge for their services unless the LPA specifically authorises it. However, they can be reimbursed for reasonable out-of-pocket expenses such as travel, postage, or professional fees they have paid on your behalf. A professional attorney, such as a solicitor or trust corporation, will charge for their time.
While you have mental capacity, you make your own decisions and your attorney cannot override you. If there are concerns about how an attorney acts after you lose capacity, a family member or the OPG can raise concerns. In serious cases, the Court of Protection can remove an attorney.
Yes. There is no requirement for your attorney to be a UK resident. However, practical considerations apply. An attorney who is rarely in the UK may find it difficult to deal with UK banks, care providers, and other institutions in person.
If you have appointed a replacement attorney, they can step in. If you have not, and your deceased attorney was your only attorney, the LPA may fail. You would need to make a new LPA, which is only possible if you still have mental capacity.