Understanding Section 3: How Attorneys Make Decisions in an LPA

14th November 2025

When creating a Lasting Power of Attorney (LPA) with a service like Power of Attorney Online, Section 3 is where you decide how your chosen attorneys will make decisions on your behalf. It might sound like a small section, but it’s one of the most important and it determines how your wishes are carried out in real life.

There’s no one-size-fits-all approach here. You get to decide whether your attorneys act jointly, jointly and severally, or a mix of both. Let’s break down what each of these options really means, in plain English.

Joint Power of Attorney

If you choose a joint lasting power of attorney, it means your attorneys must always make every decision together. They’ll need to agree on every choice, whether that’s selling property, managing finances, or deciding on care arrangements.

The benefit? Total transparency and shared responsibility. The downside? It can become tricky if one attorney is unavailable or passes away, as the LPA could become invalid unless replacements are named.

It’s a good option if you want equal say between trusted people who work well together, like siblings.

Joint and Several Power of Attorney

A joint and several power of attorney gives your attorneys more flexibility. They can make decisions together or independently, whichever is most practical at the time.

For example, one attorney might handle financial matters while another manages day-to-day care, without needing to check in with each other for every action.

This is the most popular choice because it’s fail-proof and flexible. If one attorney can’t act, the others can still carry on without disrupting the LPA. It’s practical, simple and works well for most families.

Jointly for Some Decisions and Jointly and Severally for Others

This hybrid option gives you the best of both worlds. It allows you to specify which decisions must be made jointly, and which can be made jointly and severally.

For instance, you might say your attorneys must decide jointly on selling your home to fund any care needs, but can act jointly and severally when managing regular financial transactions or paying bills.

This approach offers control, flexibility, and reassurance, particularly if you have strong preferences about certain life or financial decisions.

Choosing the Right Setup for You

Choosing how your attorneys act depends on trust, practicality, and your family dynamics.

• Pick jointly if you value shared oversight and agreement.
• Choose jointly and severally if flexibility and continuity matter most.
• Go for a mixed approach if you want to maintain tight control over specific big decisions.

Whatever you choose, your LPA should reflect how you want your wishes handled, both now and in the future.

Section 3 of your LPA isn’t just about ticking boxes. It’s about defining how your trusted people work together to protect your best interests. Take the time to think it through, talk it over and make sure it’s set up in a way that makes life easier for everyone involved.