Choosing Attorneys

Choosing who to appoint as your attorney is one of the most important decisions you'll make. These people will have significant power over your life and finances, so choose carefully. Learn more about what an attorney does.

Essential qualities

Look for someone who is:

• Trustworthy: This is non-negotiable. They'll have access to everything
• Reliable: They need to be available when needed
• Capable: Able to handle financial or care decisions
• Willing: Being an attorney is a big responsibility - always ask first
• Likely to be around: Consider their age, health, and circumstances

How many attorneys?

You can appoint one or more attorneys. Consider:

• One attorney: Simpler, but what if they can't act?
• Two or more: Provides backup and shared responsibility
• Always appoint replacements: In case your first choices can't act

Joint or joint and several?

If you appoint multiple attorneys, decide how they should work:

• Jointly: Must all agree on every decision. Safer, but slower and what happens if one can't act?
• Jointly and severally: Can act together or independently. More flexible, but requires trust in each attorney individually
• Mixed: You can require joint decisions for big matters, but allow individual decisions for routine things

Different attorneys for different LPAs

You don't have to use the same attorneys for both types of LPA. Consider:

• Who's best at financial matters? (Property and Financial Affairs)
• Who understands your values and wishes? (Health and Welfare)
• Who do you trust with medical decisions?

People to avoid

• Anyone who has financial problems of their own
• Anyone you don't completely trust
• Anyone who isn't comfortable with the role
• Anyone too old or in poor health
• Bankrupt individuals (can't act for Property and Financial Affairs)

Once you've decided, find out how to make an LPA and what it will cost.