Professional vs Family Attorneys: Which Should You Choose?

Professional vs Family Attorneys

One of the biggest decisions when creating an LPA is who should be your attorney. Should you choose family or pay a professional?

Family Members as Attorneys

Advantages

• No cost - Family members typically act for free
• Know you well - Understand your values and wishes
• Emotionally invested - Care about your wellbeing
• Already trusted - You know their character
• Accessible - Often nearby and available

Disadvantages

• Emotional difficulty - Hard to make tough decisions about loved ones
• Family conflict - Can cause disagreements among relatives
• Lack of expertise - May not understand financial or legal matters
• Availability - May have their own commitments
• Potential for abuse - Unfortunately, family abuse does happen

Best for:

• Straightforward financial situations
• Close, harmonious families
• When you have trustworthy relatives willing to act

Professional Attorneys

Who Can Act Professionally?

• Solicitors
• Accountants
• Professional deputies
• Trust corporations
• Some financial advisors

Advantages

• Expertise - Understand legal and financial matters
• Objectivity - No family politics or emotions
• Regulated - Subject to professional standards
• Record-keeping - Accustomed to documentation
• Insurance - Professional indemnity cover

Disadvantages

• Cost - Charge fees for their services
• Less personal - Don't know you as well
• May change - Staff turnover at firms
• Bureaucratic - May be slower to act

Typical Costs

Professional

Typical Annual Fees

Solicitor	£1,000-5,000+
Accountant	£500-2,000+
Trust Corporation	£1,500-3,000+

Fees depend on complexity and how much work is needed.

Best for:

• Complex financial situations
• Large estates or business interests
• Family conflicts or estrangements
• No suitable family members
• High-net-worth individuals

The Hybrid Approach (Often Best)

Many people choose both:

Main attorneys: Family members (spouse, children) Replacement attorney: Professional (solicitor)

Or:

Property & Financial: Professional + family member jointly Health & Welfare: Family member (who knows your values)

This gives you:

• The personal knowledge of family
• The expertise of a professional
• Checks and balances
• Backup if needed

Questions to Ask Yourself

Is my financial situation complex?

Do I have family members I trust completely?

Are my family members capable of managing finances?

Is there potential for family conflict?

Can I afford professional fees?

Do I have business interests that need expertise?

Warning Signs You Might Need a Professional

Consider a professional attorney if:

• Family members have disagreements
• Your finances are complex (multiple properties, investments, business)
• You have concerns about any family member's motives
• Family members live far away
• You have no suitable family members

Making the Decision

Factor

Choose Family

Choose Professional

Cost	✓ Free	✗ Fees apply
Personal knowledge	✓ High	✗ Lower
Financial expertise	✗ Variable	✓ High
Objectivity	✗ Lower	✓ High
Availability	✓ Usually good	Variable
Regulation	✗ None	✓ Professional body

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