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Lasting Power of Attorney

Joint and Several Attorneys in an LPA

When you appoint more than one attorney, "jointly and severally" lets any of them act alone, while "jointly" means they must all agree on every decision.

8 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

2 ways
An LPA lets you set how several attorneys act: "jointly and severally" (any can decide alone), "jointly" (all must agree), or a mix, with some decisions reserved to all of them.
Source: gov.uk, as at July 2026, subject to change.

"Jointly and severally" means each attorney can act on their own or alongside the others, while "jointly" means every attorney has to agree before a decision is valid. In a lasting power of attorney you choose which applies when you appoint more than one attorney (gov.uk, as at July 2026, subject to change).

This choice sounds like a formality, but it shapes how smoothly your attorneys can help and what happens if one of them can no longer act. This guide explains the two options, the mixed approach, and the trap that catches many people. It sits within our Lasting Power of Attorney Explained guide and our wider estate planning guide. Figures are current as at July 2026 and are subject to change.

What "joint and several" means in an LPA

It describes how two or more attorneys are allowed to make decisions for you. Appointed "jointly and severally", each attorney can act alone or together with the others, so any one of them can sign or decide (gov.uk, choosing your attorney, as at July 2026, subject to change). Appointed "jointly", they must all agree on every decision. You set this when you make the LPA, and it applies once the document is registered with the Office of the Public Guardian.

The core difference

Jointly and severally, or jointly

The two settings suit different families. "Jointly and severally" is the more flexible option: any attorney can act alone, which helps when one lives far away, is unwell, or is simply unavailable when a decision cannot wait. "Jointly" gives more shared control, because nothing happens unless all attorneys agree, but that can slow things down and carries a risk if one of them later cannot act (gov.uk, as at July 2026, subject to change).

FeatureJointly and severallyJointly
Who can decideAny attorney alone, or togetherAll attorneys, together only
Speed and practicalityUsually quicker day to dayCan be slower; all must sign
Shared oversightLess; one can act unilaterallyMore; every decision is agreed
If one can no longer actThe others can generally continueThe LPA may stop unless a replacement is named

Based on gov.uk, choosing your attorney, as at July 2026 and subject to change.

The most flexible option

Any one

Under a "jointly and severally" appointment, any one of your attorneys can act on their own, which many people find more practical for everyday banking and bills (gov.uk, as at July 2026, subject to change).

Mixing joint and several decisions

You do not have to pick just one setting. An LPA lets you say that attorneys act jointly and severally for most things, but jointly for certain big decisions, so those particular choices need everyone to agree (gov.uk, choosing your attorney, as at July 2026, subject to change). A common example is requiring all attorneys to agree before selling your home, while letting any one of them handle routine bills. This mix has to be worded carefully, because unclear instructions can make an LPA invalid in part.

A worked example (illustration only). Sara appoints her three adult children in a property and financial affairs LPA. She sets them to act "jointly and severally" for everyday matters, so any one child can pay her care bills or manage her account, but "jointly" for one specific decision: selling her house, which she wants all three to agree on. When she registers the LPA, the Office of the Public Guardian charges a fee of £92 for that application (gov.uk, register an LPA, as at July 2026, subject to change). Every family is different, and how instructions are worded matters, so this is general information rather than a template for any real LPA.

What happens if one attorney can no longer act

This is where the two settings differ most. If attorneys act "jointly and severally" and one of them dies, loses capacity or steps down, the remaining attorneys can generally carry on. If they act "jointly", the LPA can stop working altogether when one attorney can no longer act, unless you have named a replacement attorney to step in (gov.uk, choosing your attorney, as at July 2026, subject to change). Naming replacement attorneys is one option many people consider to reduce that risk.

The setting you choose is not just about how attorneys act together. It also decides whether your LPA survives if one of them cannot continue.

Setting it in your LPA

How you record the choice

I

Choose your attorneys

Decide who you trust to act, and whether you want more than one.

II

Pick how they act

Select jointly and severally, jointly, or a mix, on the LPA form.

III

Name replacements

Consider naming replacement attorneys in case one can no longer act.

IV

Register the LPA

Send it to the Office of the Public Guardian to register before use. Source: gov.uk, as at July 2026, subject to change.

Which option do people choose?

There is no single right answer, and it depends on your family and your priorities. Many people choose "jointly and severally" because it keeps things practical and means the LPA does not fall apart if one attorney cannot act. Others prefer "jointly" for the extra oversight, or a mix that reserves only the biggest decisions to all attorneys together (gov.uk, as at July 2026, subject to change). Because the wording affects whether an LPA works, it can be worth discussing with a qualified professional. For more on what attorneys must do once appointed, see our note on attorney duties.

Attorneys in Scotland and Northern Ireland

This guide describes the lasting power of attorney used in England and Wales, and the "jointly" and "jointly and severally" options set out by gov.uk (gov.uk, as at July 2026, subject to change). Scotland has its own system of continuing and welfare powers of attorney, registered with the Office of the Public Guardian (Scotland), and Northern Ireland uses different arrangements again. The idea of appointing more than one attorney exists across the UK, but the forms, terms and rules differ, so it can be worth taking local advice where your affairs touch more than one nation. See the different types of LPA for the health and finance split in England and Wales.

Frequently asked questions

What does "jointly and severally" mean for attorneys?

It means each attorney can act on their own or together with the others, so any one of them can make or sign a decision without waiting for the rest (gov.uk, as at July 2026, subject to change). Many people find this the most practical setting for day-to-day banking and bills, because it does not need every attorney available at once.

What is the difference between jointly and jointly and severally?

Appointed jointly, all attorneys must agree on every decision, so nothing happens unless they act together. Appointed jointly and severally, any attorney can act alone or with the others (gov.uk, as at July 2026, subject to change). The joint setting gives more shared oversight, while the several setting is generally quicker and more flexible in practice.

What happens if one joint attorney dies or loses capacity?

Where attorneys act jointly, the LPA can stop working if one of them dies, loses capacity or steps down, unless a replacement attorney has been named to step in. Where they act jointly and severally, the remaining attorneys can generally continue (gov.uk, as at July 2026, subject to change). This is why many people consider naming replacements.

Can I mix jointly and jointly and severally in one LPA?

Yes. An LPA can let attorneys act jointly and severally for most matters, but jointly for specific big decisions, such as selling your home (gov.uk, as at July 2026, subject to change). The instructions need to be worded carefully, because unclear wording can make part of an LPA invalid, so many people take care over this section or seek help.

How much does it cost to register an LPA?

Applying to register a lasting power of attorney with the Office of the Public Guardian costs £92 per LPA in England and Wales, so registering both a property and finance LPA and a health and welfare LPA would be £184 in total (gov.uk, register an LPA, as at July 2026, subject to change). A reduction or exemption may apply on a low income or certain benefits.

Which option should I choose for my attorneys?

There is no single right answer, as it depends on your family and how much shared oversight you want. Many people choose jointly and severally for flexibility, while others prefer jointly or a mix that reserves only major decisions to all attorneys (gov.uk, as at July 2026, subject to change). Because the wording affects whether the LPA works, it can be worth discussing with a qualified professional.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, or an FCA-authorised financial adviser, who can consider your individual circumstances.

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