Back to Basics – Understanding Replacement Attorneys

4th December 2024Manisha Chauhan0
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So far in our Back to Basics series, we’ve already explored the essentials of Lasting Power of Attorney (LPA), including how to set one up and why having one matters. Now, we’re taking a closer look at an important section within an LPA: replacement attorneys.

What happens if the original attorneys named in your LPA can no longer fulfil their duties? That’s where replacement attorneys come in. These individuals are named in your LPA to step in and ensure your affairs continue to be managed according to your wishes if your original attorneys become unable to act.

In this article, we’ll cover the key details about replacement attorneys, including how they act depending on the structure of your LPA, what limitations they have, and why careful planning is essential to ensure the right people are appointed to step into this crucial role.

What are replacement attorneys?

Replacement attorneys are people who are appointed in an LPA to step in and act should your original attorneys no longer be able to.

How do replacement attorneys act?

This depends on how the original attorneys are appointed to act in the LPA.

Where a sole attorney has been appointed to act, a replacement attorney can only start acting when the original appointed attorney can no longer act. If more than one replacement attorney has been named in the LPA, they will act jointly unless the LPA states otherwise.

Where attorneys have been appointed to act jointly, the replacement attorney will step in as soon as one of the original appointed attorneys can no longer act. The remaining original attorneys will no longer be able to make those joint decisions.

Where attorneys have been appointed to act jointly and severally, replacement attorneys will step in as soon as one of the original appointed attorneys can no longer act. The replacement attorneys will act jointly and severally with any of the remaining original attorneys. This is subject to the LPA stating otherwise. For example, it may set out that:-

  • Replacement attorneys are to act in a certain order i.e. If one of my attorneys (my mother and father) can no longer act, I would like that attorney to be replaced by my sister. If, later on, my other parent can no longer act, I would like my brother to replace that person as my attorney.
  • Replacement attorneys are not to step in unless all of the original attorneys are unable to act.
What can’t a replacement attorney do?
  • A replacement attorney cannot stand in for another attorney on a temporary basis.
  • A replacement attorney cannot be appointed to replace a replacement attorney.
  • You cannot have instructions specific to replacement attorneys only.

Making a Lasting Power of Attorney is an important decision. You should seek support from a professional who will be able to take into account your personal circumstances to produce documents tailored to you. To help you make LPAs, please speak to one of our members. You can find a member in your area by entering your postcode on our Find a Member search page or by calling the office at 01522 687 888.

Manisha Chauhan

Manisha joined the Society’s Technical Advice Team in July 2019 having previously worked as an Employment Solicitor in Warwickshire before relocating to Lincolnshire. Manisha provides advice on technical queries for Society Members and ongoing support on our professional drafting software, Sure Will Writer.

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