What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document in which you (the donor) appoint one or more people (attorneys) to make decisions on your behalf if you’re ever unable to do so yourself.

You can choose anyone you trust: family members, close friends, or professionals such as solicitors.

Can I Just Appoint One Attorney?

Appointing only one attorney is legally permissible and sometimes the only viable option, especially for those with a limited circle of trusted individuals. However, relying on a sole attorney carries certain risks:

• If your only attorney becomes unable or unwilling to act and no replacement attorney is named, the LPA will become invalid.
• Once registered, an LPA cannot be changed to add more attorneys. A new LPA would need to be created, which takes time and incurs extra costs.
• You must have mental capacity to create a new LPA. If you don’t, your loved ones would need to apply to the Court of Protection to appoint a deputy, a process that can be lengthy and expensive.

A Common Complication: Joint Property Ownership

If you’re married or own property jointly and appoint your spouse as your sole attorney, be aware of potential legal obstacles.

A typical scenario:

• A husband and wife own their home together and appoint each other as sole attorneys.
• The husband later loses capacity, and the wife wants to sell their home and buy a more accessible one.
• As attorney, she can sign on his behalf, but she cannot sign in both her own capacity as a co-owner and as his attorney.

The Land Registry requires two separate individuals to sign property transfer documents. Without a replacement attorney, no one else is legally able to act on the husband’s behalf, and a Court of Protection application would be needed, delaying the process and increasing costs.

Our Advice: Consider Multiple Attorneys or Replacements

While appointing a sole attorney under an LPA may seem simpler, it can expose donors to significant legal and practical risks. We strongly recommend considering the appointment of multiple attorneys or replacement attorneys to ensure long-term protection and flexibility.

To avoid future difficulties:

• Appoint more than one attorney, or
• Name one or more replacement attorneys in case your original choice can’t act.

This simple step can save significant time, money, and stress for you and your loved ones.

Need Help or Advice?

If you’re unsure about an existing Lasting Power of Attorney, or if you’d like to discuss creating one, our Private Client team is here to help.

Contact us today to arrange a consultation we’d be happy to guide you through the process with expert, friendly advice.