How to Choose Your LPA Attorney: The Complete Decision Guide

How to Choose Your LPA Attorney

Choosing your LPA attorney is arguably the most important decision in the entire LPA process. This person will have significant power over your finances, health, or both—so getting it right matters.

What is an LPA Attorney?

An LPA attorney is someone you legally appoint to make decisions on your behalf if you lose mental capacity. They're not a lawyer—the term "attorney" simply means someone authorised to act for you.

Key Qualities to Look For

1. Trustworthiness

This is non-negotiable. Your attorney will have access to your:

• Bank accounts and savings
• Property and investments
• Healthcare decisions
• Personal information

Ask yourself: Would I trust this person with my PIN number?

2. Reliability

Your attorney must be:

• Available when needed
• Organised and responsible
• Able to keep records
• Responsive to communications

3. Financial Competence (for Property & Financial LPA)

They should be able to:

• Manage budgets
• Understand bills and statements
• Make sensible financial decisions
• Keep accurate records

4. Understanding of Your Values (for Health & Welfare LPA)

They need to:

• Know your wishes about medical treatment
• Understand your quality of life priorities
• Respect your religious or cultural beliefs
• Make decisions YOU would make

Who Can Be an Attorney?

Legal requirements:

• Must be 18 or over
• Must have mental capacity
• Cannot be bankrupt (for Property & Financial LPA)

Common choices:

• Spouse or partner
• Adult children
• Close relatives
• Trusted friends
• Professional attorneys (solicitors, accountants)

Single vs Multiple Attorneys

Single Attorney

Pros:

• Simpler decision-making
• No potential for disagreement
• Faster in emergencies

Cons:

• No backup if unavailable
• Risk if relationship changes
• More responsibility on one person

Multiple Attorneys

Pros:

• Shared responsibility
• Built-in checks and balances
• Backup availability

Cons:

• Potential for disagreements
• More complex administration
• Need to coordinate decisions

Joint vs Joint and Several

If you appoint multiple attorneys:

Joint: All must agree on every decision

• More protection but can cause delays
• If one dies or can't act, LPA fails

Joint and Several: Can act together or independently

• More flexible and practical
• Continues if one attorney can't act
• Most popular choice

Questions to Ask Potential Attorneys

Are you willing to take on this responsibility?

Do you understand what's involved?

Can you commit to this long-term?

Are you comfortable making difficult decisions?

Do you know my wishes and values?

Can you keep accurate records?

Red Flags to Watch For

Avoid choosing someone who:

• Has financial problems
• Lives far away (for practical reasons)
• Has a history of poor decision-making
• Doesn't get along with your family
• Seems reluctant to take on the role
• You haven't spoken to in years

The Conversation to Have

Before finalising your choice:

Explain what an LPA is and what it means

Discuss your wishes for finances and healthcare

Talk about scenarios they might face

Ensure they're willing to act

Discuss their own circumstances (health, location, availability)

Don't Forget Replacement Attorneys

Always appoint at least one replacement attorney who can step in if your main attorney:

• Dies
• Loses capacity themselves
• Becomes bankrupt
• No longer wants to act
• Becomes unable to act

Start Your LPA →