Who can legally be your attorney?
By law, your attorney must:
- Be aged 18 or over
- Have mental capacity
These are the same requirements for someone who wants to make a Power of Attorney. You can also have multiple attorneys, although having too many can get complicated, and you’ll need to decide how decisions will be made by the group.
Beyond these limits, you can choose anyone you like.
However, just because you can let any adult act as your attorney doesn’t mean you should.
Why is picking the right attorney important?
A Power of Attorney document is a bit like an insurance policy: you hope you don’t need it, but it’s there to protect you if you do. These documents help you maintain control if, for example, you’ve had a sudden accident or been diagnosed with an illness such as dementia.
An attorney helps you make important decisions and acts on your behalf when you’re no longer able to. They carry out your instructions as laid out in your Power of Attorney.
This document gives them the legal right to do many things, such as making sure you get the right care or paying your bills.
Attorneys face huge responsibilities. It can take up a lot of time, and there are strict rules about what your Power of Attorney can and can’t do. Because of this, you should carefully consider who your attorney will be.
What to look for in an attorney?
Responsible
Your attorney should be responsible and reliable. They may, after all, be looking after you if you need help in the future.
There are two different types of Lasting Power of Attorney (LPA), and their duties will vary depending on which one you have. Welfare LPAs help make sure you get the right medical treatment and care, while financial LPAs manage your money and spending.
They may also need to deal with other attorneys or the authorities if, for example, you need a statutory will.
Willing
You shouldn’t pick someone to be your attorney without discussing it with them first, and they’ll need to sign the document in agreement anyway. Not only is it good manners, but you also want them to carry out your instructions properly and not reluctantly.
Ask the person you have in mind whether they would be willing to do it. Explain what being an attorney means. They should be fully aware of what the role involves. You can find more information in our Complete guide to Power of Attorney.
Trusted
Trust is absolutely integral to your choice of attorney. You should feel comfortable and confident that whoever you choose won’t take advantage of the situation, especially if they’re acting as a Property & Financial Affairs LPA.
Ideally, your attorney will also be financially independent. There are strict rules around finances, so, for instance, while they may accept payment for their time if you allow it, they aren’t permitted to borrow money from you.
Values
An attorney doesn’t need to share your values, whether religious, political, or otherwise. But they should know and respect them and use them to guide their decisions. Wherever possible, they should make the decision that best reflects what you would choose if you could, even if they personally disagree.
If the actions of an attorney are challenged, the Court of Protection will check that your best interests are being served. This includes considering whether your values are reflected in the decisions being made by the attorney.
Kind
Your attorney should always have your best interests at heart. Choose someone who genuinely cares about you and wants the best for you.
However, this isn’t just about personality. It is effectively a legal requirement of acting as an attorney. That is the purpose of an LPA. Every decision they make must benefit you. Any purchases should maintain or improve your living standards, and records should be kept to show this.
If your attorney borrowed money from you, for example, it’s clear that this would not be in your best interests and could not be justified. The court takes a dim view of attorneys who act selfishly or take advantage of vulnerable people.
Strong
It may be that you know your attorney will have to defend your wishes against a very vocal family member. For example, if you’ve chosen one of several children, or one sibling you trust with the responsibility.
If you do become unwell, you may find that people in your life suddenly have strong opinions about what should happen. You need an attorney who is strong enough not to be swayed by those opinions and who will put your wishes first.
In some cases, although we always hope otherwise, there can be falling-outs over choices about care or finances, so choose someone who feels able to handle those situations well.
Talk to a solicitor about Power of Attorney
Because choosing an attorney is so important, many people select their partner, a close relative or friend, or even a professional such as a solicitor or family GP.
Whether you’ve found the right attorney for you or just need clear legal advice, it’s never been easier to start making a Power of Attorney.
Use our quick quote form to find and compare solicitors near you. All your results are tailored to your needs, so you’ll only see the most suitable legal professionals for you at the right price.