What you should know

The individuals you choose to make your financial decisions for you are called your ‘Attorneys’. Your appointed Attorney doesn’t require specialised legal knowledge or training. However, it’s important that they should be people you trust and know well. Typical choices include your husband, wife, civil partner, partner, son or daughter, or even your best friend. You require at least one Attorney, but you can have more if you wish.

• Running your bank and savings accounts
• Making or selling investments
• Paying your bills
• Buying or selling your house

You can also choose ‘replacement Attorneys’. So they could step in if one of the attorneys you appoint are unable to act for you.
Restrictions – Selected Attorneys must be at least 18 years old and must have the mental capacity to make your financial decisions. They must not be bankrupt or subject to a debt relief order.

How should your Attorneys make decisions?

You need to choose whether your Attorneys can make decisions on their own or must agree to some or all decisions unanimously.
Whatever you choose, they must always act in your best interests.

How do you want your Attorneys to work together?

Jointly and severally

Attorneys can make decisions on their own or together. Most people choose this option because it’s the most practical. Attorneys can get together to make important decisions if they wish but can make simple or urgent decisions on their own. It is up to the Attorneys to choose when they act together or alone. It also means that if one of the Attorneys dies or can no longer act, your Lasting Power of Attorney will still work.

If one Attorney makes a decision, it has the same effect as if all the Attorneys made that decision.

Jointly

Attorneys must agree unanimously on every decision, however big or small. Remember, some simple decisions could be delayed because it takes time to get the Attorneys together. If your Attorneys can’t agree on a decision, then they can only make that decision by going to court.

Be careful – if one Attorney dies or can no longer act, all your Attorneys become unable to act. This is because the law says a group appointed ‘jointly’ is a single unit. Your Lasting Power of Attorney will stop working unless you appoint at least one replacement Attorney
Jointly for some decisions, jointly and severally for other decisions.

Attorneys must agree unanimously on some decisions but can make others on their own. If you choose this option, you must list the decisions your Attorneys should make jointly and agree unanimously