Parents will often consider appointing more than one adult child so that important decisions do not fall entirely on one person. Having two attorneys can also mean there is more than one trusted person involved if support is needed in the future.
The important part is deciding how you want those siblings to act together.
You can choose whether they need to agree on decisions, whether either can act independently, or whether certain decisions should be made together while others can be handled separately.
Thinking about this when the LPA is first prepared can make things much easier for everyone later.
If you are new to the subject, our guide to what power of attorney is explains how Lasting Powers of Attorney work and the different decisions they can cover.
How Can Two Siblings Be Appointed as Attorneys?
When you appoint more than one attorney, you can decide how they should make decisions on your behalf.
There are three main ways this can work.
Jointly and Severally
If your children are appointed jointly and severally, either sibling can make decisions independently, or they can make them together.
This often gives families more flexibility.
For example, one sibling may be able to speak to a bank or deal with a bill without needing the other sibling to be involved every time.
It can also work well where siblings live in different areas or have different day-to-day commitments.
That flexibility does mean you need to be comfortable with either attorney potentially making certain decisions alone.
Jointly
Where siblings are appointed jointly, they must make the relevant decisions together.
Some people prefer this approach because it means neither child can act alone.
However, it can make the arrangement less flexible. If the siblings cannot agree, the decision may not be able to go ahead.
There can also be complications if one attorney later becomes unable or unwilling to act, which is why it is important to understand how a joint appointment would work before choosing it.
A Combination of Both
You can also require attorneys to act jointly for some decisions while allowing them to act independently for others.
For example, you might be happy for either sibling to deal with routine banking, but want them both to agree before your home is sold.
This can provide a useful balance between flexibility and additional reassurance for bigger decisions.
The wording of the LPA needs to be clear so everyone understands which decisions need to be made together.
Is It Better to Have One Attorney or Two?
There is no arrangement that will suit every family.
Having two siblings as attorneys can work very well where they communicate openly and trust one another.
They may also bring different strengths to the role. One child might feel more comfortable dealing with finances, while another may live nearby and be better placed to help with practical matters.
Sharing responsibility can also make the role feel less overwhelming.
On the other hand, if siblings already have a difficult relationship, asking them to agree on every important decision could create additional stress later
The key question is less about the number of attorneys and more about whether the people you choose are likely to work well together and keep your interests at the centre of their decisions.
Will Both Siblings Have the Same Authority?
The authority each sibling has will depend on how the LPA has been set up.
If they are appointed jointly and severally, both attorneys have the authority given by the LPA and may usually be able to act independently.
If they are appointed jointly, they need to make the relevant decisions together.
Things like age, family position or which sibling lives closest do not automatically give one attorney more authority than the other.
What matters is the wording of the LPA.
Making sure everyone understands the arrangement from the beginning can help avoid confusion when an important decision needs to be made.
What Happens If Two Siblings Disagree?
It is possible for attorneys to have different views, particularly when decisions involve a parent's care, finances or home.
How a disagreement affects the LPA will partly depend on how the siblings were appointed.
Where they must act jointly, they will need to reach agreement before the relevant decision can be made.
Where they are appointed jointly and severally, either may be able to act independently, although repeated disagreements can still make the arrangement difficult in practice.
It can help to return to the purpose of the LPA: making decisions in the donor's best interests rather than according to each sibling's personal preference.
If disagreements become difficult to resolve or start affecting important decisions, legal advice can help clarify everyone's responsibilities.
Our guide to what it means to be given Power of Attorney also explains the responsibilities attorneys take on when accepting the role.
Should I Appoint Both Children to Keep Things Fair?
It is understandable to think about fairness when you have more than one child.
However, appointing an attorney is different from deciding how your estate will eventually be divided.
Being an attorney involves practical and legal responsibilities, so it is worth thinking about who is best suited to the role rather than feeling that every child needs to be included.
You may want to consider:
- who you trust to make decisions for you
- who understands your wishes
- whether they are comfortable managing responsibility
- whether they will work well with other attorneys
- how practical it will be for them to help when needed
- whether they are willing to take on the role
For some families, appointing two siblings will feel completely natural. For others, appointing one attorney and naming a replacement may be more suitable.
What Happens If One Sibling Can No Longer Act?
Circumstances can change over time. An attorney may die, lose mental capacity themselves or decide that they no longer want to continue in the role.
What happens next will depend on how the attorneys were originally appointed. Where two siblings are appointed jointly and severally, the remaining attorney can usually continue acting.
Where they were required to act jointly, the position may be more complicated and the remaining attorney may not be able to continue making those joint decisions.
This is one reason it can be useful to think about replacement attorneys when the LPA is prepared.
A replacement attorney can step in if an original attorney can no longer act, helping to make the arrangement more resilient if circumstances change.
Can the Same Siblings Be Appointed for Health and Finances?
The same siblings can be appointed under both a Property and Financial Affairs LPA and a Health and Welfare LPA if that suits your circumstances. You are not required to use the same attorneys for both.
You may feel that one person is particularly suited to dealing with finances while someone else is better placed to help with decisions about care and welfare.
Because the two LPAs are separate documents, you have flexibility when choosing who you want to appoint.
Our Lasting Powers of Attorney team can talk through the different options with you if you are unsure which arrangement would work best.
Is It Worth Talking to Your Children Before Appointing Them?
Having the conversation beforehand can be very helpful.
Being someone's attorney can involve a significant amount of responsibility, and it is important that the people you choose understand what may eventually be expected of them. It also gives you an opportunity to explain your wishes and how you would like decisions to be approached. Where siblings are being appointed together, those conversations can be particularly useful.
Everyone understanding why you have chosen the arrangement and how you would like them to work together can help reduce misunderstandings later.
How Can John Fowlers Help?
Choosing your attorneys is one of the most important parts of making a Lasting Power of Attorney.
For some people, appointing two children together provides reassurance and allows responsibility to be shared. For others, a different arrangement may work more smoothly.
At John Fowlers, we can talk through the options with you, explain the difference between appointing attorneys jointly and jointly and severally, and help you consider replacement attorneys or any particular instructions you may want to include.
Our aim is to help you put an arrangement in place that feels right for you and the people you trust.
If you are thinking about appointing your children or other family members as attorneys, visit our Lasting Powers of Attorney service page or contact the John Fowlers team to discuss your circumstances.