A replacement attorney under an England and Wales lasting power of attorney steps in only when the appointment allows it and the required circumstances occur. They are not a temporary stand-in simply because an original attorney is on holiday or busy. Before anyone uses the LPA, establish which attorney is currently authorised to act.
The donor is the person who made the LPA. The original attorney, replacement attorney and donor have different roles; being named somewhere in the document does not mean everyone may act immediately.
Read the appointment section first
Check whether attorneys are appointed jointly, jointly and severally, or in different ways for specified decisions. Then read the replacement section and any instructions. A change affecting one attorney can have different consequences depending on that structure.
The Office of the Public Guardian’s LP12 guide explains replacement appointments and events such as death, loss of capacity or disclaimer. Other events, including divorce from the donor or bankruptcy in a financial LPA, require attention to the precise rules and wording.
Confirm the event and contact OPG
Do not assume that an informal family agreement activates a replacement. Contact the Office of the Public Guardian and ask what evidence is needed for the event in question. Keep the LPA reference, the relevant attorney’s details and the date of the change ready.
Use official instructions rather than altering the registered document yourself. The View an LPA guidance explains that replacement changes can require the paper LPA to be returned for amendment. Ask how the current authorised people will be shown to organisations using the online service.
Prepare institutions for the handover
Confirm which original attorney can no longer act and why.
Establish which replacement takes over and whether other attorneys continue.
Obtain the updated or accepted evidence of authority.
Ask banks, care organisations or other relevant bodies how they update their records.
Keep a record of decisions and any urgent action awaiting the change.
Do not share the former attorney’s login or sign in their name. An institution may need identity and authority checks for the new person even where it already holds the LPA.
Replacement is different from making a new LPA
If the donor still has the necessary capacity, they may be able to review their arrangements and make a new LPA through the proper process. A replacement cannot simply be added to an already registered LPA by handwriting a name on it. If no valid attorney can act and the donor lacks capacity, advice about Court of Protection options may be needed.
The broader LPA guide covers creation and registration. This page focuses on using an existing replacement appointment, not drafting one from scratch.
A practical example
Two siblings are appointed jointly and severally, with another relative as replacement. One sibling dies. Before the relative starts handling money, the family checks the replacement wording and asks OPG how the change should be recorded. They do not assume that every arrangement works the same way as an LPA requiring all attorneys to act jointly.
For future planning, ask whether the proposed replacement is willing, eligible and able to work with anyone who may remain in office. GOV.UK’s choosing attorneys guidance helps with that discussion.
Can a replacement attorney cover a holiday?
No. A replacement appointment is not a general temporary cover arrangement. Check whether another currently authorised attorney can act within the existing terms. Do not activate a replacement informally.
Can I use the old paper LPA immediately?
First confirm the replacement has become entitled to act and follow OPG’s evidence and amendment instructions. Organisations need reliable proof of the current authority, not simply proof that your name appears in the original document.
Take the next step at your pace
Start with the documents and the appropriate organisation for your situation. You can optionally create a Solace account to explore the functions currently available. This guide does not promise UK legal templates or a service that completes the procedure for you. For further practical guidance, you can use the existing newsletter form.
