Attorney (LPA)
A person you appoint in an LPA to make decisions on your behalf. They must act in your best interests and follow the LPA's terms.
An attorney (in the context of an LPA) is the person you choose to make decisions on your behalf. They're not a lawyer - it's a legal role that anyone suitable can fill.
Who Can Be an Attorney?
An attorney must be:
- 18 or older
- Have mental capacity
- Willing to take on the responsibility
- Not bankrupt (for Property & Financial LPA only)
Attorney's Duties
- Act in the donor's best interests
- Consider the donor's past wishes and feelings
- Consult others where appropriate
- Keep accurate records
- Keep their finances separate from the donor's
- Not benefit themselves unless the LPA allows it
Multiple Attorneys
You can appoint multiple attorneys to act:
- Jointly: Must all agree on every decision
- Jointly and severally: Can act together or independently
- Jointly for some, jointly and severally for others: A mix
Common questions
Can a family member be my attorney?
Yes, most people choose family members - spouse, children, or siblings. They should be trustworthy and capable of the role.
How many attorneys should I have?
One or two is common. Multiple attorneys provide backup but can complicate decisions if they disagree.
Can an attorney be paid?
Professional attorneys charge fees. Family attorneys can claim reasonable expenses but usually don't take payment.
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