Jointly vs Jointly and Severally: The LPA Decision That Affects Everything
A practical breakdown of attorney decision structures, where each model fails, and how to choose the right setup for real-world use.
Why this choice matters
Most LPA failures in practice are operational, not legal theory. Attorney structure directly affects speed, resilience, and dispute risk.
Jointly: strict but fragile
If attorneys are appointed jointly, all must agree on every relevant decision. This can work where relationships are excellent and availability is high.
Main risks:
- One unavailable attorney blocks action
- Relationship breakdown creates deadlock
- Illness or death can destabilise arrangements
Jointly and severally: flexible default
This allows attorneys to act together or individually.
Benefits:
- Faster operational decisions
- Better continuity if one person is unavailable
- Lower deadlock risk
For most households, this is the practical default.
Hybrid drafting
Some LPAs use mixed instructions: jointly for major decisions, severally for routine admin. This can work if wording is clear and not contradictory.
Replacement interplay
Even with jointly and severally, replacements remain important. They are continuity planning, not optional extras.
Governance tips for multi-attorney setups
- Agree a shared record template
- Log all major decisions and rationale
- Schedule periodic attorney check-ins
- Flag conflict-of-interest decisions early
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