A Replacement LPA Attorney is a person chosen to step in and act if one or more of the original Attorneys can no longer act.
Replacement Attorneys help ensure the Lasting Power of Attorney continues to work as intended if circumstances change.
A Replacement LPA Attorney must be at least 18 years old and have mental capacity.
They can be a family member, friend, or professional, as long as they are eligible to act and willing to take on the role.
Replacement Attorneys only step in if a named Attorney can no longer act due to death, loss of mental capacity, resignation, or legal disqualification.
They do not act alongside original Attorneys unless the LPA has been set up to allow this.
If Attorneys act jointly and severally, any one Attorney can act on their own.
If one Attorney can no longer act, the remaining Attorneys can continue, and a Replacement Attorney may step in if the LPA allows for this.
Yes. When creating the LPA, the Donor can specify exactly when Replacement Attorneys should step in.
This allows control over whether replacements act after one Attorney can no longer act or only if all original Attorneys are unable to act.
If Attorneys are appointed to act jointly, they must all act together.
If one joint Attorney can no longer act and no Replacement Attorney is named, the LPA will usually come to an end.
If an Attorney dies or becomes unable to act, the LPA will continue only if replacement arrangements are in place or if other Attorneys remain able to act.
Without Replacement Attorneys, the LPA may end, depending on how it was set up.
If Attorneys are appointed to act jointly, they must all act together.
If one joint Attorney can no longer act and no Replacement Attorney is named, the LPA will usually come to an end.
Some LPAs allow Attorneys to act jointly for certain decisions and jointly and severally for others.
In these cases, Replacement Attorneys will step in based on how each decision type is set out in the LPA.
Yes. Replacement arrangements can be tailored to match how the original Attorneys act.
This ensures the LPA remains valid and practical even if an Attorney can no longer act for specific decisions.
Replacement Attorneys provide continuity and protection.
They reduce the risk of the LPA becoming unusable and help avoid delays, legal costs, or the need to apply to the Court of Protection.