How do you choose attorneys and executors?

Your attorneys act under your Lasting Power of Attorney. An attorney must be at least 18. For a property and financial affairs LPA, they must not be bankrupt. Points to think about:

• Trust and temperament. They will have real power over your affairs. Pick someone calm, organised and honest.
• Several attorneys. You can appoint more than one. You decide whether they must act together on everything, or can each act alone, or a mixture.
• Replacements. Name people who can step in if the first choice cannot act.
• Different roles. You can use different people for money and for health decisions.

An executor carries out your will: collecting what you own, paying debts and tax, and passing on the rest. Points to think about:

• You should name at least one, and many people name two. Only up to four can be named on the grant of probate.
• An executor can also be a beneficiary. That is common, for example a spouse or an adult child.
• Name replacements in case someone dies or cannot act.
• For a complicated estate, or where family may disagree, you can appoint a professional as an executor, who charges a fee.

Ask the people you have in mind before you name them. It is a real commitment and some people will say no. Tell them where your documents are kept, and which parts of your wishes they should know about.

The most common mistakes are naming only one person, naming someone who is the same age as you or older, and not thinking about what happens if two attorneys fall out. We go through these when we prepare your documents, so the arrangements work in practice.