You can appoint just one person to act solely as your attorney or you can appoint more than one (up to a maximum of four people) and specify how any joint appointment is to operate.

There are two alternatives:

Acting Jointly

Attorneys can be appointed jointly so that each and every decision must be made together. This means that both signatures are required on every document and decision to be made but can actually be quite restrictive in practice. Also, should one of your attorneys die or lose their mental capacity themselves, the Lasting Power of Attorney will become null and void.

Acting Jointly and Severally

Alternatively your attorneys can act jointly and severally which means that they can act together and separately as well.  This alternative provides more flexibility should one of your attorneys be on holiday for instance. It allows one of your attorneys to deal with the day-to-day finances without requiring all of your attorneys to attend a local branch of your bank for instance.

At Macks Solicitors we recommend that you appoint at least two attorneys so that, if something happens to one attorney, then at least your second attorney can continue.

What is the next step?

At Macks we recommend a face-to-face meeting with one of our specialist solicitors. The initial meeting will be free of charge and we can offer you comprehensive legal advice, helping you to decide on how many attorneys you wish to act for you and how they will do so.


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