Replacement LPA attorneys are people the LPA donor chooses to step in if one of their original LPA attorneys can no longer act. They need to sign the LPA before it can be registered.
You don’t have to appoint replacement LPA attorneys, but having them helps protect the LPA. It means the LPA should still work if an original attorney can no longer act.
Without replacements:
- If there’s only one LPA attorney and that LPA attorney can no longer act, the LPA will stop working.
- If the donor appointed their LPA attorneys to act jointly and one LPA attorney can no longer act, the LPA will stop working unless the LPA donor has stated otherwise in their instructions.
- If the donor appointed their LPA attorneys to act jointly for some decisions, and one LPA attorney can no longer act, those joint decisions can no longer be made, unless the LPA donor has stated otherwise in their instructions.
If the LPA cannot be used and the LPA donor no longer has mental capacity, someone will have to apply to the Court of Protection to get the power to act on the LPA donor’s behalf – this can be expensive and usually takes a long time.
A replacement LPA attorney must meet the same requirements as an original LPA attorney. This includes having mental capacity and being 18 or over when the LPA donor signs the LPA. The LPA donor should choose their replacements as carefully as they choose their original LPA attorneys.
See the LPA Attorneys section for more information.
Replacement LPA attorneys step in if one of the attorneys can no longer act. This may be because the attorney:
- Dies
- Loses mental capacity
- Decides they no longer want to act as an LPA attorney (known as ‘disclaiming their appointment’)
- Was the LPA donor’s wife, husband, or civil partner, but the relationship has legally ended and the LPA donor has not stated in their instructions that their ex-partner can continue as an LPA attorney in these circumstances
- Becomes bankrupt or subject to a debt relief order (for a property and financial affairs LPA)
When there are replacement LPA attorneys, if an original LPA attorney dies or can no longer act:
- All the replacement LPA attorneys will step in together, unless the LPA donor has stated otherwise in their instructions.
- The replacement LPA attorneys and any remaining original LPA attorneys can then make decisions ‘jointly and severally’.
When the original LPA attorneys are appointed to act jointly and severally, the LPA donor can add instructions to specify the order in which their replacements can step in. This is optional.
Examples:
- “If one of my LPA attorneys (my mother and father) can no longer act, I would like that LPA attorney to be replaced by my sister, who is one of my LPA replacement attorneys. If later on my other parent can no longer act, I would like my other replacement LPA attorney, my brother, to step in to replace that person as my LPA attorney.”
- “If my LPA attorney Dave Smith becomes unable to act under this LPA, I want replacement LPA attorney Jane Hall to step in and act in his place.”
Replacement LPA attorneys are an important backup when LPA attorneys are appointed to act jointly. When there are replacement attorneys, if an original attorney dies or can no longer act:
- All the replacement LPA attorneys will replace all the original LPA attorneys.
- The remaining original LPA attorneys will not be able to make any decisions on the LPA donor’s behalf anymore.
If the original LPA attorneys are appointed jointly, the LPA donor can add instructions to change what happens when an original LPA attorney dies or is unable or unwilling to act.
Replacement LPA attorneys are an important backup when LPA attorneys are appointed to act jointly for some decisions, and jointly and severally for others. When there are replacement LPA attorneys, if an LPA attorney dies or can no longer act:
- All the LPA replacement attorneys step in and take over making the joint decisions.
- The remaining original LPA attorneys will not be able to make the joint decisions anymore.
- The replacement and remaining original LPA attorneys can make all other decisions individually.