What does jointly mean?
When attorneys are appointed jointly, all of them must agree on the relevant decision. One attorney cannot make that decision alone.
This creates collective control but can reduce flexibility. If a jointly appointed attorney stops acting, the remaining attorneys may be unable to make those joint decisions unless the document provides otherwise.
What does jointly and severally mean?
This means an attorney can make a decision alone or together with the other attorneys. It can make everyday administration more flexible.
Office of the Public Guardian guidance notes that many people choose this option because of that flexibility, but the right choice depends on the donor's own wishes and circumstances.
Can you mix the two approaches?
Yes. The donor can require the attorneys to act jointly for specified decisions and allow them to act jointly and severally for other decisions.
Mixed arrangements need to be expressed clearly. Poorly drafted instructions can make a document difficult to operate, so legal advice may be sensible if the intended arrangement is complex.
Think about practical situations before choosing
Consider whether all attorneys could realistically be available for every decision, whether one lives abroad, what would happen if one became unable to act, and which decisions you genuinely want everyone to agree on.
The purpose is not to choose the most restrictive option. It is to choose the arrangement that reflects how you want your attorneys to work.
Common questions
Questions people ask about this
Can two attorneys act separately?
Yes, if they are appointed jointly and severally for that decision.
What if attorneys appointed jointly disagree?
A joint decision cannot be made unless all the attorneys who must act jointly agree.
Can I require joint agreement only for major decisions?
You can use a mixed arrangement, but the decisions that require joint action need to be stated clearly.
Official guidance used for this guide
We use current Office of the Public Guardian and GOV.UK guidance as the primary reference for legal and registration information.
General information for England and Wales, not individual legal advice. Government rules, fees and processing times can change. Check current official guidance before registration.