Choosing who to appoint as an attorney for your Lasting Powers of Attorney

Choosing who to appoint as an attorney for your Lasting Powers of Attorney (LPA) is a vital part of future planning. Your attorney will hold significant authority to make decisions on your behalf, so choosing the right person—or combination of people—is crucial. An attorney must be someone you trust wholeheartedly to act in your best interests.

Before making your final decision, speak to your proposed attorney(s). Explain what the role involves and allow them time to consider whether they are willing and able to take on the responsibility.

Here are some key considerations when selecting an attorney.

Age and long-term availability

Although your attorney must be at least 18, it’s wise to consider whether they are likely to be able to act when needed. An elderly or ill attorney may not be a suitable long-term choice. To safeguard your LPA, consider appointing a younger attorney and/or a professional attorney, such as a solicitor. Also consider appointing substitute attorneys who can step in if your primary attorney is unable or unwilling to act.

Skills, experience, and understanding of your circumstances

Depending on your affairs, you may benefit from appointing someone with relevant knowledge. For example, if you own a business, an attorney with commercial or managerial experience may be advantageous. Or where you have significant assets or investments, appointing someone financially competent can help ensure decisions are made carefully and effectively.

For a Health and Welfare LPA, qualities such as empathy, shared values, and understanding of your wishes may matter more than technical expertise.

“Jenny was absolutely amazing – expert and professional, but also kind and caring.”

Trust, reliability, and communication

Your chosen attorney will sometimes need to make difficult decisions about your finances, living arrangements, or medical care. Trustworthiness, good judgment, and the ability to communicate well with professionals and family members are all important.

Appointing a professional attorney

For some people, appointing a professional attorney—such as a solicitor —provides reassurance and continuity. Professional attorneys are particularly useful if you:

• have complex financial affairs or business interests;
• do not have close family or friends suitable for the role;
• are concerned about potential disputes between family members;
• want an experienced and neutral party to manage your affairs objectively; or
• want confidence that the attorney understands their legal duties and record-keeping obligations.

Professional attorneys must act in your best interests and follow strict regulatory and ethical rules. They typically charge for their services, usually either a fixed fee or an hourly rate, but their expertise can offer peace of mind and minimise the risk of mistakes or conflicts.

Many people choose a combination—for example, appointing a family member alongside a professional attorney to balance personal understanding with professional oversight.

Can more than one person have power of attorney?

Yes. Appointing multiple attorneys can provide support and reduce the burden on any one individual. However, having too many attorneys can increase the likelihood of disagreements.

You may decide that your attorneys act:

• Jointly – they must all agree on every decision;
• Jointly and severally – they may act together or independently.

You can also specify which decisions must be made jointly and which can be made individually.