One of the hardest parts of putting a Lasting Power of Attorney in place is not the paperwork. It is deciding who should step in if you cannot make decisions yourself. If you are wondering how to choose lasting power attorneys, the right answer is rarely the quickest one. It needs careful thought, because the people you appoint could end up making decisions about your money, property, business interests, care and day-to-day welfare.
For many people with significant assets, this choice carries more weight than they first expect. A poor appointment can create delay, conflict and financial risk at exactly the point when stability matters most. A well-chosen attorney, on the other hand, can protect your interests, follow your wishes and help your family avoid unnecessary pressure.
How to choose lasting power attorneys with confidence
The starting point is trust, but trust on its own is not enough. Someone may be kind, loyal and well-meaning, yet still be the wrong choice if they struggle with paperwork, avoid difficult conversations or feel uncomfortable handling money.
A good attorney should be reliable under pressure, able to act sensibly, and willing to put your interests first even when family emotions are running high. That matters whether you are appointing someone under a Property and Financial Affairs LPA or a Health and Welfare LPA. The role is practical as well as personal.
When clients have family wealth, rental property or a business, we often advise them to look beyond who is closest emotionally and think carefully about who is strongest operationally. The best attorney is not always the nearest relative or the eldest child. It is the person, or people, most capable of acting properly when it counts.
Start with the type of decisions they may need to make
Property and Financial Affairs attorneys may need to deal with bank accounts, pension income, household bills, investments, property management or even the sale of a home. If you own a business, there may also be commercial considerations, although separate business arrangements are often needed depending on your structure.
Health and Welfare attorneys may need to speak with doctors, discuss care arrangements, consider where you should live and make decisions in line with your values if you can no longer express them clearly.
Some people are suited to one role but not the other. A son or daughter who is excellent with finances may not be the person best placed to make care decisions. Equally, a spouse may know your health wishes better than anyone, but feel overwhelmed by property and financial administration. You do not have to appoint the same people to both LPAs.
What to look for when choosing lasting power attorneys
In practice, there are a few qualities that matter more than anything else. Integrity comes first. You need someone who will always act for your benefit, not their own convenience or financial gain.
After that, look at competence. Can they manage documents, keep records, speak to professionals and deal with banks or public bodies without becoming stuck? If your affairs are more complex, this becomes even more important.
Availability matters too. An attorney does not need to live next door, but they do need enough time and willingness to act. Someone with a demanding job, health issues of their own or limited organisational skills may struggle, even if they genuinely want to help.
Finally, think about temperament. Attorneys sometimes have to make unpopular decisions, mediate between relatives or respond calmly in a crisis. A person who is easily influenced, prone to conflict or poor at boundaries may not be the safest choice.
Should you appoint family, friends or professionals?
Most people appoint family members, and often that works well. Family usually know your values, understand your relationships and want the best for you. But family is not automatically the safest option.
If there is tension between children, blended family dynamics, unequal financial circumstances or a history of disagreement, those issues can become sharper once an attorney starts acting. In those cases, appointing more than one attorney, or choosing a more neutral person, may reduce risk.
Friends can be a sensible option if they are dependable and know you well. The main question is whether they are likely to remain available and willing over time.
Professional attorneys can be appropriate where estates are larger, family relationships are strained, or financial affairs are particularly involved. There is a cost, of course, and some clients prefer to keep decisions within the family. It depends on the balance between control, complexity and the risk of conflict.
One attorney or more than one?
Appointing one attorney keeps things simple, but it creates a single point of failure. If that person dies, loses capacity, becomes unsuitable or simply cannot act, the arrangement may become unworkable unless replacement attorneys have been named.
Appointing more than one can provide checks and balance. It can also spread the workload. However, joint appointments can slow things down if every decision requires everyone to agree and sign. That can be awkward when urgent financial action is needed.
Many people prefer attorneys to act jointly and severally, which means they can act together or independently. This offers flexibility, though it also requires strong trust between them. If one person is likely to dominate or another is likely to disengage, the arrangement may not work as intended.
Replacement attorneys are often overlooked, but they are worth serious thought. They provide continuity if your first choice cannot serve when needed.
Common mistakes when deciding how to choose lasting power attorneys
A frequent mistake is choosing the person who is easiest to name rather than the person best suited to act. Another is assuming spouses, children or siblings will naturally work well together without discussing expectations beforehand.
People also underestimate the administrative side of the role. An attorney may have to keep financial records, correspond with institutions and make decisions that can later be questioned. Good intentions are valuable, but they do not replace judgement and consistency.
Another issue is failing to consider conflicts of interest. If one child lives in your property, works in your business or depends on your financial support, their position may become complicated if they are also making decisions on your behalf. That does not rule them out, but it does require caution.
There is also the risk of delay. Many people put off creating LPAs because they are not sure who to appoint. Waiting can be costly. If capacity is lost before an LPA is in place, your family may face a far more difficult and expensive court process to gain authority.
Questions worth asking before you appoint anyone
Before naming an attorney, it helps to ask yourself a few direct questions. Do I trust this person completely with my money and property? Can they stay calm and practical in difficult circumstances? Will they follow my wishes, even if they personally disagree? Can they work with other family members and professionals when needed?
Then ask one more question that is often forgotten: have I spoken to them about it properly? No one should be appointed by surprise. They need to understand the responsibility, the likely tasks involved and the fact that this is about acting in your best interests, not taking control for its own sake.
A clear conversation now can prevent confusion later. It also gives the proposed attorney a chance to say honestly whether they feel able to take the role on.
The added importance for business owners and property investors
If you own a company, multiple properties or significant investments, choosing attorneys becomes more than a personal decision. It is part of wider asset protection.
An attorney who cannot follow financial detail, respond quickly or liaise with accountants, lenders and advisers may leave important matters unattended. Rental income, mortgage payments, insurance, tax obligations and business continuity do not pause because someone has lost capacity.
That is why this decision should sit alongside your broader estate planning. Your Will, trust planning, business succession arrangements and LPAs should support one another rather than operate in isolation. A bespoke approach is often the safest route, especially where family wealth and commercial interests are closely linked.
At The Legacy Wills, this is exactly where careful guidance makes the biggest difference – helping clients choose attorneys who fit not just the form, but the reality of their family, finances and long-term plans.
Give guidance, not just names
Choosing the right attorneys is only part of the job. You should also consider what guidance they may need. Preferences and instructions can help clarify your wishes, although they must be drafted carefully so they support decision-making rather than create obstacles.
For example, you may want your attorneys to take account of your views on care, maintaining a property, supporting a dependant or consulting certain family members before major decisions. The aim is to give useful direction while leaving enough flexibility for real-life circumstances.
The strongest LPAs are not rushed. They are thought through with the same care you would give to your Will or business succession planning.
The right attorney is someone you trust, yes, but also someone who can stand steady when life becomes uncertain. Choose with your head as well as your heart, and you give yourself and your family a far stronger form of protection.