Selecting Attorneys

Consider the age and circumstances of any prospective attorney and whether they will have the time and energy for such a commitment.

Consider whether to appoint one or more attorneys and, if you decide to appoint more than one, decide how they should act. There are two ways in which they could act: 'jointly' or 'jointly and severally'. If attorneys are appointed 'jointly', they must act together. If one of them dies or resigns, the LPA is no longer valid, as the Lasting Power of Attorney does not allow for replacements. Other arrangements may have to be made. However, if the attorneys are appointed to act 'jointly and severally', they can act both together and separately. This means that if an attorney dies or resigns, the surviving attorney(s) can still act.