Choosing the right person to act as your power of attorney is one of the most important decisions when creating an LPA.
That person will have legal authority to make decisions on your behalf if you become unable to manage your own affairs.
This could include handling your finances, managing property or making decisions about your care and medical treatment.
Many people ask who can be a power of attorney in the UK? They want to know whether it must be a family member or whether more than one person can be appointed.
In this guide, we explain who can act as a power of attorney, what responsibilities the role involves and how to decide who is best suited to manage your affairs.
What Is a Power of Attorney?
A power of attorney is a legal document that allows you (the donor) to appoint another person (the attorney) to make decisions on your behalf.
There are two types of Lasting Power of Attorney:
Property and Financial Affairs LPA
This allows your attorney to manage financial matters such as bank accounts, paying bills, managing investments or dealing with property.
Health and Welfare LPA
This allows your attorney to make decisions about your medical treatment, care arrangements and daily well-being if you lose mental capacity.
Many people set up both types for full protection.
Who Can Be a Power of Attorney?
In the UK, your attorney must meet a few basic legal requirements.
They must:
- Be over the age of 18
- Have the mental capacity to make decisions
- Be someone you trust to act in your best interests
Most people appoint someone they know well, such as:
- A spouse or partner
- An adult child
- A close friend
- Another trusted family member
You can appoint one person or several attorneys, depending on your circumstances and how you would like decisions to be made.
Some people also choose to appoint a professional attorney, such as a solicitor, particularly where financial matters are complex or where an independent decision-maker may be helpful.
Who Cannot Be a Power of Attorney?
There are also some restrictions on who can act as an attorney.
Someone cannot be appointed if they:
- Are under 18 years old
- Do not have the mental capacity to make decisions
- Are bankrupt when acting under a Property and Financial Affairs LPA
It is also important that the person you appoint is willing to take on the role, as being an attorney carries significant responsibility.
Can You Appoint More Than One Attorney?
Yes. Many people choose to appoint more than one attorney to share responsibility.
You can decide whether your attorneys act:
Jointly
All attorneys must agree on every decision.
Jointly and severally
Attorneys can act together or individually.
Joint and several arrangements are often more practical because they allow decisions to be made even if one attorney is unavailable.
You can also appoint replacement attorneys in case your original attorney is unable to act in the future.
How to Choose the Right Person
Choosing a power of attorney requires careful thought.
Your attorney should be someone who:
- Understands your wishes and values
- Is organised and capable of managing practical matters
- Can make decisions calmly and responsibly
- Is willing to take on the role
Many people choose family members, but this is not always the best solution in every situation.
For example, family members may disagree over decisions or feel uncomfortable managing financial matters.
Speaking to a solicitor can help you think through the options and ensure the right safeguards are in place.
Common Mistakes When Choosing a Power of Attorney
When setting up a Lasting Power of Attorney, some common mistakes include:
- Choosing someone who may not be comfortable managing financial matters
- Appointing multiple attorneys who may struggle to agree on decisions
- Failing to appoint replacement attorneys
- Not discussing the responsibilities with the person being appointed
Taking time to think carefully about your choice can help prevent difficulties later.
What Responsibilities Does a Power of Attorney Have?
An attorney has a legal duty to act in the donor’s best interests.
In practice, this role may involve responsibilities such as:
- Managing bank accounts and paying bills
- Handling property transactions
- Making decisions about care or medical treatment
- Keeping financial records
- Following the donor’s wishes wherever possible
Attorneys must follow the principles set out in the Mental Capacity Act 2005, which governs how decisions should be made when someone lacks capacity.
The Office of the Public Guardian oversees attorneys and can investigate concerns if someone believes an attorney is acting improperly.
Can a Solicitor Act as Your Power of Attorney?
Yes. A solicitor or professional adviser can act as a power of attorney if appropriate.
Some people choose this option when:
- They do not have a suitable family member to appoint
- Their financial affairs are complex
- They want an independent person to manage decisions
- They wish to avoid potential family disputes
Professional attorneys are experienced in managing legal and financial matters and can provide impartial decision-making when required.
Getting Advice Before Appointing an Attorney
Choosing who should act as your power of attorney is a significant decision that may affect your future well-being and financial security.
If you are unsure who to appoint or want to ensure your Lasting Power of Attorney is prepared correctly, professional advice can help you avoid mistakes and ensure your wishes are clearly documented.
Our experienced LPA solicitors support clients across England and Wales with preparing and registering lasting powers of attorney.
If you would like guidance on appointing the right attorney, our lasting powers of attorney team would be happy to help.
If you are still deciding whether you need an LPA, our guide Do I Need a Power of Attorney? explains when one may be useful and what can happen if you do not have one in place.
Frequently Asked Questions
Can a family member be a power of attorney?
Yes. Many people appoint a spouse, partner, adult child or close friend. The key requirement is that the person is trustworthy and able to act in your best interests.
Can two people be power of attorney?
Yes. You can appoint multiple attorneys. They can act jointly or jointly and severally, depending on how you structure the arrangement.
Can a solicitor be a power of attorney?
Yes. Some people appoint a solicitor or professional adviser, particularly where financial matters are complex or where independent decision-making is preferred.
Can I change my power of attorney later?
Yes. As long as you still have mental capacity, you can change or revoke your Lasting Power of Attorney.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved