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Can I Have Different Attorneys for Different Things?

Choosing the right person for each decision

7 min readUpdated 12 April 2024
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Yes, absolutely. You can appoint different attorneys for your financial decisions and your health decisions. You can also appoint multiple attorneys within each type and decide how they must work together.

This flexibility is one of the strengths of the LPA system. You don't have to put all your eggs in one basket.

The Two Types of LPA

There are two completely separate LPAs:

Property and Financial Affairs LPA

  • Covers bank accounts, investments, property
  • Paying bills, managing income
  • Buying and selling assets
  • Running a business if needed

Health and Welfare LPA

  • Medical treatment decisions
  • Where you live
  • Day-to-day care
  • End-of-life decisions (if specified)

You can have completely different attorneys for each.

Why Choose Different Attorneys?

Different Skills Needed

Financial decisions require:

  • Financial literacy
  • Attention to detail
  • Ability to deal with banks and institutions
  • Understanding of your assets

Health decisions require:

  • Understanding of your values and wishes
  • Emotional resilience
  • Ability to advocate with medical professionals
  • Willingness to make difficult end-of-life decisions

The best person for one isn't always the best for the other.

Common Combinations

  • Financially savvy child handles money; emotionally close child handles health
  • Professional (accountant, solicitor) handles finances; family member handles health
  • Spouse handles day-to-day finances; adult children handle major decisions

Not Sure Who to Appoint?

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Multiple Attorneys Within Each LPA

Within each LPA, you can appoint:

  • One attorney
  • Two or more attorneys
  • Replacement attorneys (who step in if main attorneys can't act)

How Multiple Attorneys Work Together

If you appoint more than one attorney, you must choose how they act:

Jointly

They must ALL agree on EVERY decision. One disagrees = nothing happens.

  • Pro: Built-in safeguard
  • Con: One attorney's death or incapacity ends the LPA entirely
  • Con: Decisions can be deadlocked

Jointly and Severally

They can act together OR separately. Any one of them can make decisions alone.

  • Pro: Flexible and practical
  • Pro: Continues working if one attorney can't act
  • Con: Less oversight — one attorney could act without consulting others

Jointly for Some, Severally for Others

You can mix approaches. For example:

  • Must act jointly for: Selling property, decisions over £10,000
  • Can act severally for: Day-to-day banking, bills

This gives you control over which decisions need consensus.

Replacement Attorneys

These are backups who step in if a main attorney:

  • Dies
  • Loses capacity themselves
  • Resigns
  • Is removed by the court

Always appoint replacement attorneys. Without them, if your only attorney can't act, you're left without anyone — potentially requiring expensive deputyship.

Common Attorney Structures

Structure 1: Different Attorneys for Each Type

Financial LPA: Adult child who's good with money
Health LPA: Adult child who's emotionally closest

Simple and clear. Each knows their role.

Structure 2: Joint Attorneys for Finance

Financial LPA: Two children acting jointly and severally
Health LPA: Spouse as primary

Gives oversight on finances while spouse handles health.

Structure 3: Spouse Primary, Children Backup

Both LPAs: Spouse as primary attorney; adult children as replacements

Common for couples who want spouse first, then children.

Structure 4: Split Major/Minor Decisions

Financial LPA: Two attorneys acting jointly for major decisions (property, investments), severally for routine matters

Balances oversight with practicality.

Things to Consider

Geography

If one attorney lives abroad, practical day-to-day management is harder. Consider local attorneys for routine matters.

Relationships

Will your attorneys work well together? Joint decisions require cooperation. Don't appoint siblings who don't get along as joint attorneys.

Age and Health

Attorneys need to outlive or outlast your need for them. A 90-year-old parent may not be the best long-term choice.

Willingness

Being an attorney is work. Make sure they're genuinely willing, not just agreeing to please you.

Can I Add Specific Instructions?

Yes, you can add:

Preferences

Guidance your attorneys should consider but aren't strictly bound by. For example: "I prefer to be cared for at home if possible."

Instructions

Rules your attorneys must follow. For example: "My attorneys must consult my GP before making decisions about my care home placement."

Restrictions

Things your attorneys cannot do. For example: "My attorneys may not sell my home without the agreement of my children."

Be careful with restrictions. Overly specific rules can backfire if circumstances change.

The Old Way vs Our Way

The Old Way Our Way
One person for everything Right person for each type of decision
No backup plan Replacement attorneys always appointed
All or nothing joint decisions Tailored approach — joint for major, several for routine
Hope for the best Structured protection for every scenario

Frequently asked questions

Can I have different people as attorneys for finances and health?
Yes, absolutely. The two types of LPA (Property/Financial and Health/Welfare) are completely separate. You can appoint whoever you think is best suited for each type of decision.
What does "jointly and severally" mean for attorneys?
It means your attorneys can make decisions either together or individually. Any one of them can act alone without needing the others' agreement. This is the most flexible option and allows the LPA to continue if one attorney becomes unable to act.
Should I appoint replacement attorneys?
Yes, always. Replacement attorneys step in if your main attorneys can't act (death, incapacity, resignation). Without replacements, you could be left without any attorney, potentially requiring expensive court-appointed deputyship.
Can I restrict what my attorneys can do?
Yes, you can add instructions and restrictions to your LPA. For example, requiring joint decisions for property sales, or prohibiting certain investments. But be careful not to make restrictions so specific that they become impractical.
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