Who can I appoint to act for me in my Will or LPA?

A question we are regularly asked is Who can I appoint to act for me in my Will or LPA?

It is important to point out that the terminology is different as to the people you appoint under your Will and your LPA.  In your Will the people you appoint to undertake the paperwork, to carry out your wishes in accordance with your Will and distribute your assets are called Executors. Their authority to act is granted to them by the Probate Registry under a Grant of Probate.  The people you appoint to act for you in your LPA (if you should lose mental capacity in the future) are Attorneys. Their actions are governed by the Office of the Public Guardian.

There are a few stipulations regarding the people you can appoint:

• In order to act as an Executor or Attorney you need to be over 18 years old.
• To be a Property and Finances Attorney you must not have previously been bankrupt.
• Your Executor or Attorney must also have mental capacity to act.

As well as the above we would recommended that you choose people who are good at dealing with paperwork, are organised and can commit to the role and it is also wise to appoint more than one person for each role which can make the responsibility less daunting and can help with decision making.

Whilst there is no requirement that they live in the UK, particularly with modern technology. However, especially for Attorneys, in practice living abroad can be difficult due to such factors as time difference.

If anyone is struggling with this decision we can help advise them. If you do not think there is anyone appropriate that you know or would prefer not to appoint them then we can undertake either of these roles for you for a fee and we are also available at any time to help and support the Executors and Attorneys that you do appoint.

You can find out more about our services and fees here