Replacement Attorneys: Why You Need Them & How to Choose

What Are Replacement Attorneys?

Replacement attorneys are backup attorneys who can step in if your original (main) attorney can no longer act for you. They're your insurance policy for your insurance policy.

Why Replacement Attorneys Are Essential

Your main attorney might be unable to act because they:

• Die before you need them
• Lose mental capacity themselves
• Become bankrupt (for Property & Financial LPA)
• Decide to stop acting (disclaim their role)
• Become too ill to continue
• Move abroad and can't practically help
• Have a falling out with you or your family

Without replacement attorneys, if all your main attorneys can't act, your LPA fails completely. Your family would then need to apply to the Court of Protection—expensive and time-consuming.

How Replacement Attorneys Work

When Do They Step In?

Replacement attorneys only become active when a main attorney:

• Dies
• Loses capacity
• Disclaims their appointment
• Is removed by the Court of Protection
• Becomes bankrupt (Property & Financial LPA only)

They do NOT step in just because your main attorney is on holiday or temporarily unavailable.

Automatic vs Specific Replacement

You can choose how replacements work:

Option 1: Replace any attorney Any replacement can step in for any original attorney who can't act.

Option 2: Specific replacement Name which replacement takes over for which original attorney.

• Example: "If John can't act, Sarah replaces him"

How Many Replacement Attorneys?

Minimum: One (better than none) Recommended: Two or more Maximum: No legal limit, but be practical

Consider the number of main attorneys you have and choose enough replacements to ensure someone can always act.

Who Should Be a Replacement Attorney?

Good choices include:

• Younger family members (nieces, nephews, younger siblings)
• Close family friends
• Professional advisors (solicitors, accountants)
• Trusted colleagues

The same rules apply as for main attorneys:

• Must be 18+
• Must have mental capacity
• Must not be bankrupt (for Property & Financial LPA)

Replacement vs Additional Attorneys

Replacement Attorneys

Additional Main Attorneys

Only act if main attorney can't	Act from the start
Step in automatically	Always involved in decisions
Good for "what if" scenarios	Good for sharing responsibility

Best practice: Have multiple main attorneys AND replacement attorneys.

Common Mistakes to Avoid

Not appointing any replacements - Biggest mistake

Choosing someone older than your main attorney - They might not outlive them

Not asking them first - Ensure they're willing

Forgetting to update - Review when circumstances change

What Replacements Can and Can't Do

Can:

• Exercise all the same powers as the original attorney
• Make decisions independently (if appointed jointly and severally)
• Access accounts and medical records

Can't:

• Act while the original attorney is still able
• Change the terms of the LPA
• Delegate their role to someone else

Add Replacement Attorneys to Your LPA →