Choosing attorneys and replacement attorneys

The role of an attorney is a very important one, which comes with a lot of responsibility, and can often last for several years. Your attorneys can make significant decisions for you about your health and your property and finances. It is important that you are choosing attorneys you can trust and who are reliable. Choose people with the skills necessary to either make decisions about your wellbeing or your finances.

When choosing an attorney, you should think about how well you know them. Do you feel comfortable talking with them about important things such as where you want to live? What about how your finances should be looked after and any health issues you have now or in the future?

You should consider how well your chosen attorney looks after their own wellbeing, or the needs of those close to them, and how they manage their own finances.

One other important thing to consider is the age of your chosen attorneys. If you were to not need your LPA for a few more years, are you confident that the attorneys you have chosen will still be able to act for you?

The most popular choices for an attorney are your children or grandchildren, a close family member or a friend who you know well and trust.

You should discuss your wishes with your chosen attorneys to be sure that they are happy to act if needed, and to talk through any questions they may have about your own wishes and feelings.

The same considerations should be made when you choose who you would like to step in to make decisions for you as one of your replacement attorneys.

What if I don’t have any close family or friends who are able to act?

If you don’t have anyone close to you who you can ask, you can always appoint a professional to act as your attorney. This is usually a lawyer specialising in LPAs, a social worker, or an accountant (if you are making a property and finances LPA).

Some people also choose a professional attorney as someone independent from their family, to avoid any disagreements between family members, or if your family and friends live a long distance from you.

You should keep in mind that a professional attorney can charge for their time, and costs vary a lot. Before you name a professional attorney, talk with them about what service you can expect from them, and what their likely costs will be.