LPA: Jointly or Jointly and Severally?

Jointly vs jointly and severally at a glance

This comparison concerns LPAs in England and Wales. It is about decision-making authority, not the separate concept of joint liability for a debt.

What does acting jointly mean?

Joint appointment gives every attorney a say in every decision covered by that appointment. It can appeal if you want agreement before anyone acts, but even routine decisions need all attorneys’ agreement. Relevant documents must be signed as the joint appointment requires.

Illustration: you appoint two adult children jointly for financial decisions. One cannot simply approve a payment alone because the other is busy. If they disagree, one cannot overrule the other. Think about availability, distance and how reliably they work together before choosing this structure.

What does jointly and severally mean for an LPA?

Each attorney can act independently within the authority you give, or they can act together. OPG guidance describes this as the most flexible and commonly chosen arrangement. It can make everyday tasks more practical when attorneys live apart or have different schedules.

Illustration: one attorney deals with an authorised bill while another is away. They do not need joint approval for that decision solely because both are named. This does not give either attorney unrestricted power: the LPA, capacity rules and legal duties still apply.

Choose people you trust to use individual authority responsibly. Keeping shared records and communicating about decisions can help avoid duplicate payments and conflicting arrangements.

Can some decisions require joint agreement?

Yes. The forms offer jointly for some decisions, jointly and severally for others. You must clearly identify the joint decisions on the appropriate continuation sheet. For example, a donor might want routine financial matters handled individually but agreement for a property sale.

That is a drafting choice requiring care, rather than a ready-made instruction to copy. Broad wording such as “all important decisions” can create uncertainty about where individual authority ends. Consider what happens in an urgent situation or if one attorney becomes unable to act.

Do not choose unrestricted joint-and-several appointment and then add instructions elsewhere requiring particular attorneys, a minimum number or everyone to approve certain decisions. OPG warns that contradictory instructions can lead to rejection. The appointment method and wording must fit together.

What happens if an attorney dies or cannot continue?

Replacement planning matters as much as the initial choice. An attorney might die, lose capacity or formally stop acting. Other events can also affect appointment, including bankruptcy for a financial attorney or the legal end of a marriage or civil partnership with the donor, depending on the LPA.

For attorneys appointed jointly, the default position is that the original joint group stops acting if one cannot continue. Appointed replacements can then take over together; it is not automatically a case of one replacement joining the remaining original attorneys. Properly drafted continuation provisions can change the outcome.

Under joint-and-several appointment, other attorneys can generally continue. Under a mixed appointment, losing an attorney can prevent joint decisions even if individual decisions remain possible. Check the precise replacement arrangements before signing rather than assuming another family member can step in.

Does the choice change when an LPA can be used?

No. Appointment method does not override the rules for each LPA type. A Property & Financial Affairs LPA must be registered and may allow action while you retain capacity with your permission. A Health & Welfare LPA only authorises decisions you cannot make yourself at the relevant time.

Attorneys must support your own decision-making, follow applicable instructions and act in your best interests where you cannot decide. A joint appointment does not make an otherwise unauthorised decision lawful.

Questions to settle before signing

• Would I be comfortable with either attorney acting alone?
• Can they both be available for every routine decision?
• Do they have a record of cooperating, and how would disagreement affect me?
• Are there specific decisions for which joint agreement is essential?
• What happens if one attorney cannot continue?
• Have the appointment, instructions and replacements been checked together?

You can make different choices in your two LPAs. Discuss the practical consequences rather than assuming the same arrangement must suit both finances and welfare. Xwills can talk through your wishes by telephone or an agreed video call, prepare the documents and explain the signing steps. See our LPA service for what is included.