Power of Attorney: Jointly or Severally Explained

When it comes to managing your affairs, having a Lasting Power of Attorney (LPA) in place can provide peace of mind for you and your loved ones. But have you considered whether to appoint your attorneys to act jointly, severally, or jointly and severally?

Making decisions about your financial and personal well-being can feel daunting — but getting it right now means avoiding far bigger problems later. In this article, we’ll explore the differences between jointly and severally appointed attorneys under a Lasting Power of Attorney, helping you make an informed decision that suits your needs and genuinely protects you when it matters most.

Key Takeaways

• Understand the difference between attorneys appointed jointly, severally, or jointly and severally.
• Learn how to choose the most suitable arrangement for your circumstances.
• Discover the practical implications of appointing multiple attorneys.
• Find out how to ensure your wishes are respected if you lose mental capacity.
• Get guidance on making informed decisions about your Lasting Power of Attorney.

Understanding Power of Attorney

A Power of Attorney is a legal document that grants someone the authority to act on your behalf. In England and Wales, this is particularly important for planning ahead in case you lose the mental capacity to make decisions for yourself — something that can happen to anyone through dementia, stroke, or a serious accident. Around 850,000 people in the UK are currently living with dementia, and that number is rising every year. Planning ahead isn’t pessimistic — it’s practical.

Definition and Overview

A Lasting Power of Attorney (LPA) is the current form of Power of Attorney used in England and Wales. It allows you (the “donor”) to appoint one or more people (your “attorneys”) to make decisions on your behalf. There are two types of LPA: one for property and financial affairs, and another for health and welfare. Together, they ensure that your affairs can be managed according to your wishes if you lose mental capacity.

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration process involves checking the document for completeness and providing an opportunity for named persons to raise objections. Importantly, a property and financial affairs LPA can be used while you still have capacity (with your consent), but a health and welfare LPA can only be used once you have lost the capacity to make the relevant decision yourself.

Importance in Legal Matters

The importance of having an LPA in place cannot be overstated. Without one, if you lose mental capacity, your family would need to apply to the Court of Protection for a deputyship order — a process that is far more expensive, time-consuming, and restrictive than having an LPA already registered. Deputyship applications can cost several thousand pounds and take many months to process, during which time your family may be unable to access your bank accounts, pay your bills, or manage your property.

Having an LPA in place also helps prevent disputes among family members by clearly outlining who has the authority to make decisions on your behalf, and on what terms. It gives your chosen attorneys the legal standing to deal with banks, care providers, the NHS, and local authorities without delay. As Mike Pugh of MP Estate Planning puts it, “Plan, don’t panic.” An LPA is one of the simplest and most important steps you can take to protect yourself and your family.

Types of Power of Attorney

Power of attorney is not a one-size-fits-all solution; there are different types to consider, each suited to specific needs and circumstances.

Understanding the different types of power of attorney available in England and Wales is essential for making informed decisions. We’ll explore the main types: General Power of Attorney, Lasting Power of Attorney, and Enduring Power of Attorney.

General Power of Attorney

A General Power of Attorney (sometimes called an “ordinary” power of attorney) grants authority to your attorney to manage your financial and legal matters on a temporary basis. This type is typically used when you still have mental capacity but need someone to act for you — for example, if you are travelling abroad for an extended period or are recovering from surgery.

Key aspects of a General Power of Attorney include:

• Authority limited to financial and property matters (not health and welfare)
• Only effective while you retain mental capacity
• Automatically revoked if you lose mental capacity — this is the critical limitation that makes it unsuitable for long-term planning

Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is the most comprehensive and widely used form of power of attorney in England and Wales. Unlike a General Power of Attorney, an LPA continues to be effective even after you lose mental capacity — which is precisely when you need it most. There are two distinct types:

The significance of an LPA lies in its ability to:

• Cover property and financial affairs (one LPA) and health and welfare decisions (a separate LPA)
• Remain effective even after you lose mental capacity
• Be registered with the Office of the Public Guardian, providing a formal legal framework
• Include specific instructions and preferences to guide your attorneys

Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is the predecessor to the LPA. EPAs could only be created before 1 October 2007, when the Mental Capacity Act 2005 came into force. If you made a valid EPA before that date, it remains legally valid and can still be used — but no new EPAs can be created.

Notable points about EPAs include:

• Limited to property and financial affairs only — they do not cover health and welfare decisions
• Must be registered with the OPG when the donor begins to lose mental capacity (or has already lost it)
• Cannot be “converted” to an LPA — if you want the additional protections of an LPA (including health and welfare coverage), you need to create a new LPA

Choosing the right type of power of attorney depends on your specific circumstances and needs. For most people planning ahead, a Lasting Power of Attorney — ideally both types — is the right choice. It’s one of the most important documents you’ll ever put in place, sitting alongside your will and any trusts as a cornerstone of a proper estate plan.

Jointly or Severally: Key Differences

When setting up a Lasting Power of Attorney, one crucial decision is whether your appointed attorneys should act jointly, severally, or jointly and severally. This decision significantly impacts how decisions are made on your behalf and can have serious practical consequences — particularly in a crisis.

Definition of Jointly

To act jointly means that all appointed attorneys must agree on every decision and act together. No single attorney can act without the agreement of all the others.

• All attorneys must agree and sign documents together for every decision.
• This provides a built-in safeguard — no one attorney can act alone.
• However, if one attorney dies, loses capacity, disclaims, or becomes bankrupt (for a property and financial affairs LPA), the entire LPA may fail — unless replacement attorneys have been named.

Definition of Severally

To act severally (also referred to as “jointly and severally”) means that each attorney can make decisions independently, without needing the agreement of the other attorneys. They can act together if they choose, but they don’t have to.

• Each attorney can act on their own, making decisions without consulting the others.
• This provides flexibility and allows for quicker decision-making, especially in urgent situations.
• If one attorney dies or loses capacity, the remaining attorney(s) can continue to act — the LPA survives.
• However, there is less built-in oversight, as attorneys are not required to check with one another.

Implications for Decision-Making

The choice between acting jointly or severally has significant practical implications. Acting jointly ensures that every decision is a collective one, which reduces the risk of any one attorney making a decision that might not be in your best interests. However, it requires all attorneys to be available and in agreement — which can be problematic if attorneys live far apart, have conflicting schedules, or simply disagree.

Acting jointly and severally allows for more flexibility and faster decision-making, which is particularly important for financial matters where delays can be costly. However, it does mean each attorney can act without a built-in check from the others.

There is also a middle option: you can specify that attorneys must act jointly for some decisions (such as selling your home) and severally for others (such as day-to-day financial management). This “jointly for some, severally for others” approach is often the most practical solution, combining protection for major decisions with flexibility for everyday matters.

Ultimately, the decision should be based on your specific circumstances, the relationship between your chosen attorneys, their geographical locations, and the level of trust you place in each of them. There is no single “right” answer — only the right answer for your situation.

Benefits of Jointly Held Power of Attorney

In the context of a Lasting Power of Attorney, appointing attorneys to act jointly can enhance oversight and reduce potential risks. When multiple individuals must act together, it ensures that decisions are made collectively, bringing diverse perspectives to important choices about your finances, property, health, and welfare.

Shared Responsibility

One of the primary benefits of appointing attorneys to act jointly is the shared responsibility. No single person carries the entire burden of decision-making, and each attorney can bring their own perspective and expertise to the discussion.

Key advantages of shared responsibility include:

• More balanced and considered decision-making, as multiple viewpoints are considered
• Reduced emotional burden on individual attorneys — particularly important during stressful times such as arranging care or managing a health crisis
• Enhanced collaboration and communication among family members acting as attorneys

Enhanced Oversight

Appointing attorneys to act jointly provides a natural system of checks and balances. With multiple individuals involved in every decision, there is a built-in review process that reduces the likelihood of errors, impulsive decisions, or inappropriate actions.

This oversight can be particularly beneficial when dealing with complex financial matters, property transactions, or significant health and welfare decisions — situations where the input of multiple trusted people can be invaluable. For example, deciding whether to sell the family home to fund care is a decision that benefits from more than one perspective.

Reduced Risk of Abuse

Perhaps the most significant advantage of a jointly held appointment is the protection it offers against potential abuse. Financial abuse of elderly and vulnerable people is a growing concern in England and Wales — the OPG investigates thousands of concerns about attorneys every year. By requiring all attorneys to agree on every decision, the arrangement makes it far more difficult for any single attorney to misuse their authority for personal gain.

This collective decision-making process acts as a powerful deterrent, helping ensure that your interests remain protected at all times.

Drawbacks of Jointly Held Power of Attorney

While appointing attorneys to act jointly offers significant protections, it also comes with practical challenges that must be carefully weighed. The requirement that all attorneys must agree on every decision can create real difficulties in day-to-day management of your affairs.

One of the primary concerns with a joint appointment is the requirement for unanimous agreement. All attorneys must be available and must agree before any action can be taken, which can cause delays — sometimes at critical moments when speed genuinely matters.

Need for Consensus

The requirement for consensus can be particularly challenging when attorneys have differing opinions or when they live in different parts of the country. This can lead to:

• Difficulty in reaching agreements, especially on emotionally charged decisions such as care arrangements
• Delays in time-sensitive matters, such as paying bills, managing investments, or responding to urgent care needs
• Potential for conflict and strained family relationships among the attorneys — particularly when siblings are involved

Potential for Deadlock

In more serious cases, the need for consensus can result in a deadlock, where attorneys simply cannot agree on a course of action. This can have severe consequences for the management of your affairs.

For instance, if two jointly appointed attorneys disagree about whether to sell your property to fund care, neither can act — and the matter may need to be referred to the Court of Protection, which is expensive and time-consuming. This is the opposite of what most people intend when putting an LPA in place. The Court of Protection should be a last resort, not a routine step.

Complexity in Decision-Making

Joint decision-making can also add significant practical complexity. Coordinating among multiple attorneys for every decision — including routine matters such as paying utility bills or managing direct debits — can be administratively burdensome. Banks and financial institutions may require all attorneys’ signatures on forms, adding further delay to even straightforward transactions.

Most critically, if one jointly appointed attorney dies, loses capacity, becomes bankrupt (for a financial LPA), or disclaims their appointment, the entire LPA may fail unless you have named replacement attorneys. This is a risk that many people overlook when setting up their LPA. To mitigate this, it’s essential to name replacement attorneys and to carefully consider whether a “jointly for some decisions, severally for others” approach might be more practical for your situation.

Benefits of Severally Held Power of Attorney

Appointing attorneys to act severally (or “jointly and severally”) offers a range of practical advantages, particularly in terms of flexibility and speed of decision-making. When attorneys have the authority to act independently, your affairs can be managed efficiently even when one attorney is unavailable.

Individual Decision-Making

One of the primary benefits of a several appointment is the ability to facilitate individual decision-making. Each attorney can act on your behalf without needing to obtain the agreement of the others, which is particularly useful when timely decisions are needed.

For instance, if you have appointed two of your children as attorneys to act jointly and severally for your property and financial affairs, either child can deal with your bank, pay your bills, or manage your investments without waiting for the other to be available. This can significantly streamline the management of your day-to-day affairs — particularly important if your attorneys live in different parts of the country or have demanding work commitments.

Flexibility and Autonomy

A several appointment also provides flexibility and resilience. Attorneys can respond quickly to changing circumstances or unexpected events without the delay that comes from needing to coordinate with others for every decision.

Crucially, if one attorney dies, loses capacity, or can no longer act, the remaining attorney(s) can continue to manage your affairs without interruption. The LPA survives, unlike a purely joint appointment where the loss of one attorney can render the entire LPA ineffective — potentially leaving your family in the very situation the LPA was designed to prevent.

The decision about how attorneys should act depends on many factors, including your personal preferences, the complexity of your affairs, the geographical locations of your attorneys, and the level of trust you have in each of them. By understanding the benefits of a several appointment, you can make an informed decision that best protects your interests.

Drawbacks of Severally Held Power of Attorney

While a several appointment provides flexibility and autonomy, it also introduces risks that need careful consideration. When attorneys can act independently, the potential for misuse and reduced oversight becomes a genuine concern.

Risk of Misuse

One of the primary drawbacks of a several appointment is the increased risk of misuse. Without the requirement that all attorneys must agree, an attorney acting in bad faith could potentially exploit their authority. This might include making inappropriate gifts, transferring assets, or spending the donor’s money on themselves.

While all attorneys have a legal duty under the Mental Capacity Act 2005 to act in the donor’s best interests and can be held accountable by the Court of Protection, the absence of a built-in check from fellow attorneys means that problems may not be identified until significant harm has already occurred. This highlights the critical importance of choosing trustworthy individuals as your attorneys — people whose character and judgment you are genuinely confident in.

Lack of Accountability

A several appointment can also create challenges around accountability. When attorneys make decisions independently, it can be difficult to maintain a clear picture of what each attorney has done and why. One attorney may be unaware of decisions the other has made, potentially leading to conflicting actions or poor financial management.

To mitigate these risks, it’s sensible to include clear instructions and preferences in your LPA, require attorneys to keep detailed records of their decisions and transactions, and consider naming a trusted person as someone who should be notified if the LPA is registered. Regular family communication about how your affairs are being managed is also invaluable — and something you can encourage through a letter of wishes alongside your LPA.

For more information on the differences between lasting and enduring power of attorney, you can visit our detailed guide on the topic: Understanding the Differences.

Choosing Between Jointly and Severally

The choice of how your attorneys should act is one of the most important decisions you’ll make when setting up your LPA. It should be made after careful consideration of your specific circumstances, family dynamics, and what matters most to you.

Factors to Consider

Several factors should influence your decision:

• The relationship between your attorneys — do they get along well and communicate openly, or is there potential for conflict?
• Geography — do your attorneys live nearby or in different parts of the country? Joint appointments can be impractical if attorneys are far apart.
• The type of decisions — financial decisions often benefit from flexibility (severally), while major decisions like selling your home may warrant a joint requirement.
• Your level of trust — if you have complete confidence in each attorney’s judgment, a several appointment may be appropriate. If you want built-in safeguards, a joint appointment (at least for major decisions) may be preferable.
• The number of attorneys — with three or more attorneys, requiring joint action for every decision becomes increasingly impractical.

Considering these factors carefully will help you make a decision that genuinely protects your interests when you need it most.

Situational Examples

Let’s consider a few scenarios to illustrate the practical differences:

• Two children who get along well: You might appoint them to act jointly and severally, giving them flexibility for routine matters but trusting that they will consult each other on significant decisions. You could add a preference in your LPA that they should discuss major financial decisions together.
• Children who don’t always agree: You might appoint them to act jointly for major decisions (such as selling property or making large gifts) and severally for day-to-day financial management. This “hybrid” approach is often the most practical solution and one we frequently recommend.
• Health and welfare LPA: For health and welfare decisions, many people prefer a several appointment because medical decisions can be time-sensitive. If one attorney is unreachable when an urgent decision about medical treatment is needed, a joint requirement could cause dangerous delays.
• One highly trusted child: If you have one child you trust completely with financial matters and another you’d like involved as a safeguard, you might appoint both jointly and severally but include a preference that they consult each other on major decisions.

By examining these real-world examples, you can better understand how the way you structure your LPA can directly impact the management of your affairs when it matters most.

We recommend discussing your options with a specialist solicitor or estate planning professional to ensure your LPA is structured in a way that truly reflects your wishes and provides the protection you need. As Mike Pugh says, “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.” Getting specialist advice on your LPA is well worth the investment.

Legal Requirements for Power of Attorney

The process of creating a Lasting Power of Attorney in England and Wales is governed by the Mental Capacity Act 2005 and specific legal requirements that ensure its validity. Failing to comply with these requirements will mean your LPA cannot be registered and cannot be used — which defeats the entire purpose of creating one.

Necessary Documentation

To create a valid LPA, the following elements are required:

• Completion of the correct LPA form — there are separate forms for property and financial affairs and for health and welfare (available from the OPG or through a solicitor or estate planning professional).
• Clear identification of the donor, the attorneys, any replacement attorneys, and any named persons to be notified.
• Any specific instructions (legally binding restrictions) or preferences (guidance for your attorneys) you wish to include.
• A certificate provider’s statement — this is an independent person who confirms that you understand the LPA, that no one is pressuring you, and that there is no fraud involved.

Getting the documentation right is essential. Even minor errors on the form can result in the OPG rejecting the application, causing delays and additional costs. This is one area where professional help can save significant time and frustration.

Witness and Signing Requirements

The signing requirements for an LPA in England and Wales are specific and must be followed precisely:

• The donor must sign (or make their mark) in the presence of a witness, who must also sign.
• Each attorney must sign in the presence of a witness, who must also sign.
• The certificate provider must sign the LPA.
• The sections must be signed in a specific order — the donor first, then the certificate provider, then the attorneys.

Notarisation is not required for an LPA in England and Wales. The witnessing and certificate provider requirements provide the necessary safeguards. However, the certificate provider plays a crucial role — they must be either someone who has known the donor personally for at least two years, or a professional such as a solicitor, doctor, or other qualified person. The witness must be aged 18 or over, and an attorney cannot witness the donor’s signature (and vice versa).

Understanding and following these requirements precisely is vital to ensure that your LPA is legally valid and can be registered with the OPG when needed.

Revoking a Power of Attorney

The process of revoking a Lasting Power of Attorney involves several important steps that must be followed correctly. While an LPA is designed to be a long-term arrangement, circumstances do change, and the law recognises your right to revoke it — provided you still have the mental capacity to do so.

Process to Revoke

To revoke an LPA, the donor must complete a formal deed of revocation. This document must clearly state your intention to revoke the LPA. The process differs slightly depending on whether the LPA has already been registered with the OPG.

If the LPA has been registered, you must send the deed of revocation to the OPG, along with the original LPA (or a certified copy). You must also notify each attorney that the LPA has been revoked. The OPG will then cancel the registration. For more detail, the government guidance on ending a power of attorney sets out the formal process.

If the LPA has not yet been registered, a written and signed statement of revocation is sufficient, but you should still formally notify your attorneys to avoid any confusion.

Situations Leading to Revocation

Several situations may lead to the revocation of an LPA. These include a change in your personal circumstances, a breakdown in the relationship with your attorney, concerns about how your attorney is managing your affairs, or simply a change of mind about who you want to act on your behalf.

An LPA can also come to an end automatically in certain circumstances — for example, if your sole attorney dies or loses mental capacity themselves, if a sole attorney for a property and financial affairs LPA becomes bankrupt, or upon the donor’s death. If attorneys were appointed jointly, the death or incapacity of any one of them will end the entire LPA (unless replacement attorneys were named). This is another reason why naming replacement attorneys is so important.

Where attorneys were appointed jointly and severally, the loss of one attorney does not affect the others — the surviving or remaining attorneys can continue to act. This is a significant practical advantage of a several appointment and one of the strongest arguments in its favour.

Revoking an LPA is a significant step that requires careful consideration. If you are concerned about how your attorney is acting but don’t want to revoke the LPA entirely, you can make a complaint to the OPG or apply to the Court of Protection, which has the power to remove an individual attorney, suspend them, or revoke the LPA on the donor’s behalf where necessary.

The Role of Attorneys in Power of Attorney

Attorneys play a pivotal role in the operation of a Lasting Power of Attorney, and their duties are set out clearly in law. Anyone you appoint as your attorney takes on serious legal responsibilities — and it’s essential they understand what’s expected of them before they agree to act.

Duties and Responsibilities

Under the Mental Capacity Act 2005, attorneys must follow a set of core principles when acting on the donor’s behalf. These duties are not optional — they are legal requirements:

• Best interests — attorneys must always act in the donor’s best interests, not their own
• Least restrictive option — attorneys should choose the option that least restricts the donor’s rights and freedoms
• Regard the donor’s past wishes — where the donor expressed preferences (in the LPA or in a separate letter of wishes), attorneys should have regard to those wishes
• No self-dealing — attorneys must keep the donor’s finances entirely separate from their own and must not benefit personally from their role (unless the LPA specifically permits it)
• Record keeping — attorneys should keep clear records of all decisions made and transactions carried out on the donor’s behalf

When attorneys are appointed to act jointly and severally, they can act together or independently. Understanding what this means in practice is essential, as it directly affects how decisions are made and who can act at any given time.

Obligations Under UK Law

Under the Mental Capacity Act 2005 and the associated Code of Practice, attorneys have specific legal obligations. They must act with due care, keep accurate financial records, avoid conflicts of interest, and consult with the donor (and other attorneys, where appropriate) before making significant decisions.

If an attorney breaches their duties, the OPG can investigate and the Court of Protection can take action — including removing the attorney, requiring them to repay money, or in serious cases, referring the matter for criminal prosecution. Financial abuse by an attorney is a criminal offence under the Fraud Act 2006 and the Theft Act 1968.

Each attorney is individually accountable for the decisions they make. Where attorneys are appointed jointly and severally, this means each attorney is responsible for their own actions. Where they are appointed jointly, they share collective responsibility for decisions made together. In either case, an attorney cannot escape responsibility by blaming the other — the law expects each person to exercise their own judgment and act with integrity.

Conclusion: Making the Right Choice

Deciding how your attorneys should act under your Lasting Power of Attorney is one of the most important practical decisions in your estate plan. The right choice depends on your individual circumstances, family dynamics, and the level of flexibility versus oversight that matters most to you.

Key Takeaways

When considering whether to appoint attorneys to act jointly, severally, or jointly and severally, weigh up the trade-offs carefully. A joint appointment offers maximum oversight and protection against misuse, but carries the risk of deadlock and the LPA failing if one attorney can no longer act. A several appointment provides flexibility, speed, and resilience, but with less built-in accountability. A hybrid approach — jointly for some decisions and severally for others — often provides the best of both worlds and is the option we most frequently see working well in practice.

Final Considerations

Whatever you decide, always name replacement attorneys in your LPA. This is one of the simplest and most important steps you can take to protect yourself. Include clear preferences and instructions where appropriate, and make sure your chosen attorneys understand their responsibilities before they agree to act. An LPA is only as good as the people you appoint to carry it out.

Remember that an LPA is just one part of a comprehensive estate plan. Alongside your LPA, you should also consider whether your will is up to date, whether a lifetime trust could protect your family home and other assets, and whether your pension nominations and life insurance arrangements reflect your current wishes. Not losing the family money provides the greatest peace of mind above all else — and getting the right structures in place now means your family won’t be scrambling to sort things out in a crisis.

If you’re unsure which approach is right for you, speak to a specialist. Getting the right professional advice ensures your LPA is structured properly and genuinely protects you when you need it most.

Need help setting up a Lasting Power of Attorney? Book your free consultation today.