Can You Have Multiple Powers of Attorney?

Appointing Multiple Attorneys

Yes, you can appoint more than one attorney. In fact, having multiple attorneys is common and often recommended. This guide explains your options and helps you decide what's best for your situation.

Types of Multiple Attorney Arrangements

Joint Attorneys

All attorneys must agree on every decision. They act together as one.

Advantages:

• Built-in checks and balances
• Encourages discussion and careful decision-making
• Reduces risk of one person acting improperly

Disadvantages:

• Slower decision-making
• If one attorney can't act, the LPA fails
• Practical difficulties if attorneys live far apart

Joint and Several Attorneys

Attorneys can act together or independently. Each has full authority to act alone.

Advantages:

• Flexible—any attorney can act when needed
• Faster decision-making
• If one attorney can't act, others can continue

Disadvantages:

• Less oversight of individual decisions
• Potential for conflicting actions
• Requires high trust in each attorney

Combination Arrangements

You can require attorneys to act jointly for some decisions and severally for others. For example:

• Jointly for selling property over £50,000
• Severally for day-to-day financial management

This provides flexibility while maintaining checks on major decisions.

How Many Attorneys Can You Have?

There's no legal maximum, but practically:

• 2-3 attorneys is most common
• More than 4 becomes unwieldy
• 1 attorney provides no backup

You should also name replacement attorneys who step in if main attorneys can't act.

Choosing Between Joint and Several

Consider joint if:

• You want all attorneys to agree on decisions
• Your attorneys live near each other
• Decisions aren't time-sensitive
• You want maximum oversight

Consider joint and several if:

• You want flexibility and speed
• Your attorneys live in different areas
• Quick decisions may be needed
• You fully trust each attorney individually

Consider a combination if:

• Some decisions need more oversight than others
• You want protection for major decisions
• Day-to-day matters need quick handling

Different Attorneys for Different LPAs

You can appoint:

• Different people for Property & Financial vs Health & Welfare LPAs
• Some overlap with some differences
• Professional attorneys for finances, family for healthcare

For example:

• Property & Financial: Your accountant and your daughter
• Health & Welfare: Your daughter and your son

Practical Considerations

Communication

Multiple attorneys should:

• Know each other
• Be able to communicate easily
• Understand their roles
• Know your wishes

Geography

Consider where your attorneys live:

• Can they attend meetings together if needed?
• Can they reach you quickly in emergencies?
• Are time zones an issue?

Relationships

Think about dynamics:

• Will these people work well together?
• Are there any tensions or rivalries?
• Who will take the lead on different matters?

Replacement Attorneys

Always name replacements. They act if:

• A main attorney dies
• A main attorney loses capacity
• A main attorney resigns
• A main attorney is removed

Without replacements, losing one joint attorney ends the entire LPA.

Our Recommendation

For most families, we recommend:

• Joint and several for flexibility
• 2-3 main attorneys
• 1-2 replacement attorneys
• Clear instructions about your preferences

Get Expert Guidance

The right attorney arrangement depends on your family situation. At myLPA, we help you think through your options and create the best structure for your needs.

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