Quick answer
To avoid joint power of attorney problems in the UK, you should typically appoint attorneys either jointly (requiring all to act together) or jointly and severally (allowing individual action), depending on your circumstances and risk tolerance. In England and Wales, joint arrangements may create disputes if attorneys disagree on decisions, potentially delaying financial or health matters when time is critical. The Office of the Public Guardian generally recommends clearly documenting your instructions and considering whether appointing a single attorney or including restrictions might better protect your wishes. Regular communication between attorneys and annual reviews of Lasting Power of Attorney arrangements can help mitigate conflicts. This guide explains how to structure joint power of attorney appointments in 2026/27, the key risks of joint arrangements, and practical strategies to prevent disputes among your chosen attorneys.
Last reviewed: 24 May 2026 by the MP Estate Planning editorial team. Jurisdiction: England and Wales. Scotland and Northern Ireland have different probate and intestacy rules; the IHT thresholds are UK-wide.
Three rule changes you may need to consider (2026/27)
1. Pensions become subject to IHT from 6 April 2027. Most unused defined-contribution pension pots currently sit outside the estate for IHT — that ends on 6 April 2027 (gov.uk policy paper). HMRC estimates around 10,500 estates will face IHT for the first time as a result.
2. Business and agricultural property reliefs capped at £2.5m per person from 6 April 2026. Above the cap, only 50% relief applies — effective IHT of 20%. AIM shares dropped to 50% relief and do not use the £2.5m allowance (Saffery — APR/BPR reforms).
3. The NRB, RNRB and £2m taper threshold are frozen until 5 April 2031 following the 2024 and 2025 Budgets (gov.uk — NRB and RNRB freeze). With inflation, more estates will be pulled into IHT each year — a process commonly called “fiscal drag.”
When planning your estate, appointing multiple attorneys can offer a safety net and bring diverse perspectives to decision-making. However, this approach also carries the risk of disputes among attorneys, potentially jeopardising your wishes.
Protecting your family’s assets requires careful consideration of the potential risks and benefits associated with Lasting Power of Attorney (LPA) arrangements in the UK. We understand the importance of clear and accessible estate planning guidance to ensure your estate is managed according to your wishes.
By understanding the common concerns related to LPA in the UK, you can make informed decisions to safeguard your family’s future. Our guidance will help you navigate the complexities and avoid potential pitfalls associated with joint attorneys.
Key Takeaways
- Appointing multiple attorneys can provide a broader perspective in decision-making.
- Disputes among joint attorneys can jeopardise your estate planning wishes.
- Clear guidance is essential to avoid common LPA concerns in the UK.
- Understanding the risks and benefits is crucial for effective estate planning.
- Proper planning can help protect your family’s assets and future.
Understanding Joint Power of Attorney
For the 2026/27 position, see our reference guide on this topic for further information from the MP Estate Planning UK editorial team.
Understanding the intricacies of joint power of attorney can help prevent future legal complications. In the realm of estate planning, grasping the concept of joint power of attorney is essential.
Definition and Purpose
A joint power of attorney is a legal arrangement where two or more individuals are appointed to manage the financial and/or health affairs of another person, known as the donor. The purpose of this arrangement is to ensure that the donor’s affairs are handled efficiently and in their best interest, especially if they become incapable of managing their own affairs.
Types of Power of Attorney
There are several types of power of attorney arrangements, including:
- Joint: All attorneys must act together in making decisions.
- Joint and Several: Attorneys can act either together or independently.
- Joint for some decisions, jointly and severally for others: This allows for a mix of joint and independent decision-making depending on the specific circumstances.
For more information on obtaining the necessary forms, you can visit our page on lasting power of attorney.
Key Legal Considerations
When setting up a joint power of attorney, it’s crucial to consider the legal implications and potential challenges. Some of the key considerations include:
- The potential for disagreements between attorneys.
- The need for clear guidelines on decision-making processes.
- The importance of choosing attorneys who are trustworthy and capable.
By understanding these aspects, individuals can make informed decisions about their estate planning and avoid potential enduring power of attorney issues or joint LPA challenges.
Common Problems with Joint Power of Attorney
When multiple attorneys are appointed under a joint power of attorney, the potential for disagreements and complications increases significantly. This arrangement, while designed to provide a safeguard, can sometimes lead to unforeseen challenges.
Let’s explore some of the common issues that may arise.
Disagreements Between Attorneys
Disagreements between attorneys can be a significant hurdle in the effective management of a donor’s affairs. For instance, attorneys may have differing opinions on how to handle financial decisions or property management. This can lead to:
- Delays in decision-making
- Potential legal disputes
- Increased stress for the donor and their family
To illustrate, consider a scenario where two attorneys appointed under a joint power of attorney cannot agree on the sale of a property. This stalemate can result in missed opportunities and financial losses.
Conflicts of Interest
Conflicts of interest can arise when attorneys have personal interests that clash with the donor’s needs or wishes. For example:
- An attorney may benefit financially from a decision that is not in the donor’s best interest
- Personal relationships among attorneys can influence decision-making
It’s crucial to identify potential conflicts of interest early on to prevent complications.
Decision-Making Challenges
Joint power of attorney arrangements require attorneys to make decisions collectively. However, this can sometimes lead to challenges, such as:
- Difficulty in reaching a consensus
- Inefficient decision-making processes
Establishing clear guidelines and maintaining open communication among attorneys can help mitigate these challenges.
By understanding these common problems, donors can take proactive steps to minimize the risk of disputes and ensure that their estate is managed according to their wishes.
Legal Framework Surrounding Attorney Arrangements
Navigating the legal landscape of joint power of attorney requires a comprehensive understanding of the relevant UK laws and regulations. The legal framework governing attorney arrangements is designed to protect the interests of individuals who grant power of attorney, ensuring that their wishes are respected and their affairs are managed appropriately.
Relevant UK Legislation
The Mental Capacity Act 2005 is a cornerstone of the legal framework surrounding Lasting Power of Attorney (LPA) in the UK. This Act provides the legal basis for creating an LPA, outlining the procedures for appointing attorneys and the powers they can exercise. Understanding this legislation is crucial for ensuring that the LPA is set up correctly and that the attorneys’ roles are clearly defined.
Other relevant legislation includes the Trustee Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996, which may impact how attorneys manage property and financial affairs.
Rights and Responsibilities
Attorneys appointed under a joint power of attorney have both rights and responsibilities. They have the right to make decisions on behalf of the donor, but they also have a responsibility to act in the donor’s best interests. This includes managing the donor’s financial affairs, making decisions about their health and welfare, and ensuring that their wishes are respected.
It is essential for attorneys to understand their roles and the legal obligations that come with them. They must avoid conflicts of interest, keep accurate records, and not misuse their powers.
- Act in the donor’s best interests
- Keep accurate records of decisions made
- Avoid conflicts of interest
- Not misuse their powers
Court’s Role in Disputes
The Court of Protection plays a vital role in resolving disputes related to joint power of attorney. If disagreements arise between attorneys or if there are concerns about the donor’s welfare, the Court can intervene to make decisions or remove attorneys who are not acting appropriately.
The Court’s involvement can provide a safeguard against potential abuses of power and ensure that the donor’s interests are protected. Understanding the Court’s role can help attorneys and donors navigate disputes effectively.
Choosing the Right Attorneys
Appointing the right attorneys is fundamental to ensuring that your wishes are respected and your affairs are managed effectively under a Lasting Power of Attorney (LPA) in the UK.
Qualities to Look For
When selecting attorneys, it’s crucial to consider their qualities and characteristics. You need individuals who are not only trustworthy but also capable of making informed decisions on your behalf. Some key qualities to look for include:
- Reliability and Trustworthiness: Your attorneys should be people you trust implicitly to act in your best interests.
- Understanding of Your Wishes: They should have a clear understanding of your values and preferences to make decisions that align with your desires.
- Ability to Make Decisions: Attorneys should be capable of making tough decisions, often under challenging circumstances.
- Good Communication Skills: Effective communication is key to avoiding misunderstandings and ensuring that your attorneys can work together seamlessly if you’ve appointed more than one.
How Many Attorneys to Appoint
Deciding on the number of attorneys to appoint is another critical decision. Appointing multiple attorneys can provide a safeguard against one attorney being unable to act, but it also introduces the potential for disagreements.
Consider the following when deciding:
- Joint Attorneys: They must act together, which can prevent one attorney from making decisions without the other’s consent.
- Joint and Several Attorneys: This arrangement allows attorneys to act either together or independently, offering flexibility but also increasing the risk of conflicting decisions.
The Importance of Trust
Trust is the cornerstone of the attorney-donor relationship. Without it, the risk of disputes and mismanagement increases significantly. As one legal expert puts it:
“Trust is not just a feeling; it’s a legal foundation. When you appoint attorneys, you’re not just giving them power; you’re placing your life in their hands.”
Therefore, it’s essential to choose attorneys who not only understand your wishes but also have a proven track record of integrity and reliability.
Preventing Disagreements Among Attorneys
Preventing disagreements among attorneys requires careful planning and clear guidelines. When multiple attorneys are appointed under a joint power of attorney, their ability to work together effectively is crucial for managing an individual’s affairs smoothly.
Clear Guidelines for Attorneys
Establishing clear guidelines is fundamental to preventing misunderstandings among attorneys. This involves specifying the scope of their authority, their roles, and how decisions should be made. By having a well-defined framework, attorneys can refer to the guidelines when faced with difficult decisions, reducing the likelihood of disputes.
For instance, specifying whether attorneys should act jointly or jointly and severally can significantly impact how they make decisions. According to guidance on LPAs, clarity on these matters can prevent confusion and potential conflicts.
Effective Communication Among Attorneys
Regular communication is another key strategy for preventing disagreements. Attorneys should be encouraged to discuss their decisions and actions with each other, ensuring they are aligned in their approach. This can involve regular meetings or updates, depending on the complexity of the decisions being made.
Effective communication can help attorneys understand each other’s perspectives and work together more cohesively. It’s also an opportunity to address any concerns or issues before they escalate into full-blown disputes.
Documenting Decisions and Actions
Documenting decisions and actions taken under a Lasting Power of Attorney (LPA) is crucial for transparency and accountability. By keeping a record of decisions, attorneys can demonstrate that they have acted in the best interests of the individual and in accordance with their authority.
This documentation can also serve as a reference point in case of any disputes or questions about the decisions made. For more information on managing LPAs, you can refer to official resources that provide guidance on best practices.
Revoking or Changing Joint Power of Attorney
Understanding the process of revoking or changing a joint power of attorney is crucial for effective estate planning. Circumstances may change, and what was once the right decision may no longer be suitable.
Circumstances for Revocation
There are several situations where revoking a joint power of attorney might be necessary. For instance, if one of the attorneys is no longer able to act due to illness or if there’s a disagreement between the appointed attorneys. Revocation is also considered if the donor loses mental capacity or if there’s a change in the donor’s circumstances, such as divorce or remarriage.
Let’s consider a real-life example: Mrs. Johnson appointed her two children as joint attorneys. However, they began to disagree on major financial decisions. In this case, Mrs. Johnson decided to revoke the joint power of attorney and appointed a professional attorney instead.
Procedure for Making Changes
To revoke or change a joint power of attorney, the donor must have the mental capacity to make such decisions. The process involves:
- Notifying the existing attorneys in writing of the intention to revoke or change the power of attorney.
- Completing a Deed of Revocation to formally revoke the existing arrangement.
- Creating a new power of attorney document if changes are being made.
It’s advisable to seek legal advice to ensure that the revocation or change is carried out correctly and that all relevant parties are informed.
Informing Relevant Parties
Once the decision to revoke or change a joint power of attorney is made, it’s crucial to inform all relevant parties. This includes:
- The appointed attorneys.
- Financial institutions where the donor holds accounts.
- Any other relevant third parties, such as the donor’s solicitor or financial advisor.
Failing to inform these parties can lead to legal issues and potential disputes. For example, if a bank is not notified of a revocation, they may continue to act on the old power of attorney, leading to unauthorized transactions.
By understanding the circumstances for revocation, following the correct procedure for making changes, and ensuring that all relevant parties are informed, donors can effectively manage their power of attorney arrangements.
Impact of Joint Power of Attorney on Family Dynamics
The appointment of joint attorneys can significantly influence family relationships, making it crucial to understand the potential dynamics at play. When multiple family members are involved in decision-making, the risk of conflicts and complications increases.
Navigating Family Conflicts
Family conflicts can arise due to differing opinions among attorneys or between attorneys and other family members. To mitigate this, establishing clear guidelines and expectations is vital. This includes defining the scope of the attorneys’ authority and how decisions should be made.
Regular family meetings can also help in navigating potential conflicts by ensuring everyone is informed and aligned with the decisions being made.
The Importance of Transparency
Transparency is key to avoiding misunderstandings and ensuring that all family members are on the same page. This involves keeping relevant family members informed about the decisions made by the attorneys and the reasoning behind them.
- Regular updates can help in maintaining trust among family members.
- Being open about the decision-making process can reduce the likelihood of conflicts.
Involving Family Members in Discussions
Involving relevant family members in discussions about the joint power of attorney can help in addressing concerns early on and ensuring that everyone understands the arrangement.
This can be achieved by:
- Having open discussions about the reasons for choosing joint attorneys.
- Explaining the roles and responsibilities of the appointed attorneys.
By taking these steps, you can help resolve potential joint LPA problems and ensure that your estate planning does not become a source of family conflict.
When to Seek Legal Advice
Navigating the complexities of joint power of attorney can be challenging, and knowing when to seek legal advice is crucial. Joint power of attorney arrangements, while designed to simplify decision-making, can sometimes lead to unforeseen complications.
Indicators You Need Professional Help
There are several signs that indicate you may need to consult a legal professional. These include:
- Disagreements between attorneys that cannot be resolved through discussion.
- Concerns about the mental capacity of the donor.
- Suspicions of financial abuse or mismanagement.
- Uncertainty about the interpretation of the power of attorney document.
If you find yourself facing any of these issues, it’s essential to seek legal advice promptly to protect the interests of all parties involved.
How a Solicitor Can Assist
A solicitor specializing in power of attorney can provide invaluable assistance in several ways:
- Interpreting the legal implications of the power of attorney document.
- Mediating disputes between attorneys or between attorneys and family members.
- Guiding you through the process of revoking or changing a power of attorney.
- Representing your interests in court if disputes escalate.
By seeking the advice of a solicitor, you can ensure that your rights are protected and that the decisions made are in the best interest of the donor.
Costs Involved in Seeking Legal Advice
The costs of seeking legal advice can vary depending on the complexity of the issue and the solicitor’s fees. It’s essential to:
- Understand the fee structure before engaging a solicitor.
- Ask about the potential costs of different services, such as mediation or court representation.
- Consider the long-term benefits of seeking legal advice to avoid costly disputes.
While there are costs involved, seeking legal advice can ultimately save you money and stress by preventing or resolving disputes efficiently.
Alternatives to Joint Power of Attorney
When considering estate planning, it’s essential to explore alternatives to joint power of attorney. While joint power of attorney can be beneficial, it may not be the best choice for everyone. We will examine other options that might better suit your needs.
Single Power of Attorney
A single power of attorney involves appointing one person to manage your affairs. This can simplify decision-making and reduce potential conflicts. For instance, if you have a trusted family member or friend who is capable and willing to take on this responsibility, a single power of attorney might be a straightforward solution.
Some benefits of single power of attorney include:
- Easier decision-making process
- Reduced risk of disagreements between multiple attorneys
- Simplified management of your affairs
However, it’s crucial to choose someone reliable and trustworthy. You can find more information on managing affairs for someone else on the Citizens Advice website.
Limited Power of Attorney
A limited power of attorney grants someone authority to act on your behalf for specific purposes or during a particular period. This can be useful if you need help with a particular task or decision but don’t want to grant broad powers.
For example, you might use a limited power of attorney if:
- You need someone to sign documents on your behalf while you’re abroad.
- You require assistance with managing a specific financial transaction.
This option provides flexibility and can be tailored to your specific needs. For more detailed guidance on estate planning, you can visit MP Estate Planning.
Advance Directives as Alternatives
Advance directives, also known as living wills, allow you to specify your healthcare preferences if you become unable to make decisions for yourself. While not directly related to financial decisions, advance directives are an essential component of overall estate planning.
By creating an advance directive, you can:
- Ensure your healthcare wishes are respected
- Relieve your loved ones of the burden of making difficult decisions
- Maintain control over your medical treatment
In conclusion, while joint power of attorney is a valuable tool, it’s not the only option available. By understanding the alternatives, such as single power of attorney, limited power of attorney, and advance directives, you can make informed decisions about your estate and ensure that your needs are met.
Case Studies of Joint Power of Attorney Issues
Examining real-life examples of joint power of attorney problems in the UK can provide valuable insights into the potential complications that may arise. For instance, disputes between attorneys can lead to significant delays and additional costs, ultimately affecting the well-being of the individual who granted the power of attorney.
Practical Examples
A notable case involved a family where multiple siblings were appointed as joint attorneys. Due to differing opinions on the care of their elderly parent, the siblings found themselves embroiled in a protracted dispute, resulting in a costly court intervention to resolve the issue. This case highlights the importance of establishing clear guidelines and communication strategies among attorneys to prevent such complications with joint power of attorney in the UK.
Key Takeaways
The lessons learned from such UK power of attorney disputes emphasize the need for careful planning and consideration when appointing joint attorneys. By understanding the potential pitfalls and taking proactive steps, individuals can minimize the risk of disputes and ensure that their wishes are respected.
Preventing Future Disputes
To avoid joint power of attorney problems in the UK, it is essential to establish a clear understanding among all parties involved. This includes defining the roles and responsibilities of each attorney, fostering open communication, and regularly reviewing the arrangements to ensure they remain effective.
FAQ
What are the potential risks of appointing multiple attorneys with joint power of attorney?
Appointing multiple attorneys with joint power of attorney can lead to disagreements and conflicts between them, potentially causing delays or disputes in managing your estate. It’s essential to consider the potential risks and benefits before making a decision.
What is the difference between joint and joint and several power of attorney arrangements?
Joint power of attorney requires all attorneys to act together, whereas joint and several power of attorney allows them to act together or independently. Understanding the implications of each arrangement is crucial to ensure your estate is managed according to your wishes.
How can I prevent disagreements among attorneys with joint power of attorney?
Establishing clear guidelines, regular communication strategies, and documenting decisions can help prevent disagreements among attorneys. By taking proactive steps, you can ensure your attorneys work together effectively to manage your estate.
What are the circumstances that warrant revoking or changing a joint power of attorney?
Circumstances such as a change in your personal circumstances, a dispute between attorneys, or a loss of capacity may warrant revoking or changing a joint power of attorney. It’s essential to understand the procedure for making changes and informing relevant parties.
How can I navigate family conflicts related to joint power of attorney?
Involving family members in discussions, maintaining transparency, and establishing clear guidelines can help navigate family conflicts related to joint power of attorney. By taking proactive steps, you can maintain family harmony and ensure your estate is managed according to your wishes.
When should I seek legal advice regarding joint power of attorney?
You should seek legal advice if you’re unsure about the implications of joint power of attorney, if you’re experiencing disputes or conflicts, or if you’re considering revoking or changing a joint power of attorney. A solicitor can provide guidance on navigating the legal system and resolving disputes.
What are the alternatives to joint power of attorney?
Alternatives to joint power of attorney include single power of attorney, limited power of attorney, and advance directives. Understanding the implications of each option can help you choose the most suitable arrangement for your circumstances.
How can I ensure that my attorneys are trustworthy and capable of managing my estate?
Choosing attorneys with the right qualities, such as integrity, trustworthiness, and financial acumen, is crucial. You should also consider the number of attorneys to appoint and ensure they understand their roles and responsibilities.
What is the role of the Court of Protection in resolving disputes related to joint power of attorney?
The Court of Protection plays a crucial role in resolving disputes related to joint power of attorney, including disputes between attorneys, and making decisions on behalf of individuals who lack capacity. Understanding the Court’s role can help you navigate the legal system.
What are the common problems associated with enduring power of attorney?
Common problems associated with enduring power of attorney include disagreements between attorneys, conflicts of interest, and decision-making challenges. Understanding these potential pitfalls can help you take proactive steps to prevent disputes.
How can I mitigate the risks associated with joint LPA challenges?
Mitigating the risks associated with joint LPA challenges requires careful planning, including establishing clear guidelines, regular communication strategies, and documenting decisions. By taking proactive steps, you can ensure your attorneys work together effectively to manage your estate.
Can One Joint Attorney Act Alone — and Can a Later LPA Override an Existing One?
Two of the most practically significant questions we encounter in estate planning practice concern whether a joint attorney can make decisions independently, and what happens when a donor wants to change an existing arrangement entirely. Both questions carry real legal and financial weight, and the answers are often misunderstood at the point of drafting.
Can a Joint Attorney Act Alone?
Under Section 10 of the Mental Capacity Act 2005, attorneys appointed jointly must act together on every decision — they cannot, in most cases, act unilaterally. This is distinct from a joint and several appointment, where each attorney may generally act independently or together as the situation demands. The distinction matters enormously in practice. Where attorneys are appointed jointly, a single attorney’s signature on a financial transaction may be legally ineffective, and third parties such as banks will typically require evidence that all attorneys have agreed.
In our experience, donors frequently underestimate this constraint. Siblings appointed jointly without any additional guidance can find that even a routine decision — such as selling a property or consenting to a care package — requires both to be physically available and in agreement. Where one attorney is abroad, unwell, or simply uncontactable, that deadlock can have serious practical consequences for the donor’s welfare or finances.
One attorney cannot generally override the other in a joint appointment. If a dispute cannot be resolved between the attorneys themselves, the matter may ultimately require a Court of Protection application — which, as of 2024, carries a standard application fee of £371, quite apart from any legal costs. This is precisely the outcome that careful LPA drafting is designed to prevent.
How a Subsequent LPA Can Supersede an Existing Joint Arrangement
A donor who retains mental capacity may choose to revoke an existing LPA and create a new one — for example, to change from a joint to a joint and several appointment, or to replace one attorney entirely. Revocation must be carried out formally: the donor must notify the Office of the Public Guardian (OPG) in writing, and the existing attorneys must also be notified. A new LPA must then be registered before it takes effect, which as of 2024 incurs a registration fee of £82 per LPA.
Critically, a later LPA does not automatically supersede an earlier one unless the earlier instrument is formally revoked. Where both remain registered and valid, conflicts between them may need to be resolved by the Court of Protection. This is a situation that typically arises where a donor created an older Enduring Power of Attorney (EPA) and subsequently made an LPA without revoking the EPA — a scenario our team sees more frequently than might be expected.
The Practical Case for Getting the Drafting Right First Time
Because revocation and re-registration carries both cost and administrative burden — and because the donor must have mental capacity to revoke — the most effective strategy is to draft the LPA with sufficient precision at the outset. This may include specifying in the instructions section of the LPA how deadlocks should be resolved, or appointing a replacement attorney to step in if one joint attorney is unable to act. The OPG’s guidance on making an LPA sets out what the instructions section can and cannot contain, though it cannot — and does not — prescribe the precise wording suited to a given family’s circumstances. That is where considered, personalised planning adds value that no standard template can replicate.
Common Questions About Joint Power of Attorney in the UK
What happens if two power of attorneys disagree in the UK?
Where attorneys are appointed jointly, they must reach agreement on every decision. If they cannot, there is no legal mechanism for one to override the other — the arrangement is effectively deadlocked. In practice, this may mean that urgent decisions about the donor’s finances or welfare cannot be taken, potentially putting the donor at risk. If the donor still has mental capacity, they may be able to intervene or revoke the arrangement. Where they do not, the matter may need to be referred to the Court of Protection, which as of 2024 charges a standard application fee of £371, and proceedings can take many months. This is why our team strongly recommends building a clear resolution mechanism — such as a replacement attorney clause or a specific instruction within the LPA — into the document before it is ever needed.
Can two people have power of attorney for the same person?
Yes. Under Section 10 of the Mental Capacity Act 2005, a donor may appoint two or more attorneys under a single LPA. They may be appointed jointly, jointly and severally, or jointly for some decisions and jointly and severally for others. It is also possible for a donor to have multiple LPAs — for example, one for property and financial affairs and one for health and welfare — with different attorneys named in each. Each LPA requires separate registration and, as of 2024, attracts a fee of £82 per document.
Can you have two people as power of attorney in the UK?
Yes, and this is a common and often sensible arrangement — particularly where a donor wishes to provide a check on decision-making, or where no single individual is willing or able to take on the role alone. However, the choice between a joint and a joint and several appointment has significant practical implications. A purely joint appointment requires both attorneys to act on every matter, which can cause difficulties if one attorney becomes unavailable or if the two disagree. A joint and several appointment offers greater flexibility but may reduce the oversight that a joint appointment provides. The right structure depends on the donor’s individual circumstances and the relationships involved.
Can a joint power of attorney act alone?
Generally, no — not where the appointment is joint rather than joint and several. A joint attorney acting alone on a significant decision, such as selling property or withdrawing a large sum from the donor’s account, may find that the transaction is challenged or that third parties refuse to accept the authority of a single signature. In our experience, this is one of the most common sources of practical difficulty in joint LPA arrangements, particularly where one attorney lives far away or where the relationship between attorneys deteriorates over time. If a donor anticipates that one attorney may sometimes need to act quickly and independently, a joint and several appointment — with appropriate safeguards — is typically the more workable structure.