What is the difference between ‘jointly’ and ‘jointly and severally’?

Severally. There’s a new word for many of us. Mainly used in legal circles, it means separately or individually.

In the context of Lasting Powers of Attorney, you can nominate people you trust to make decisions on your behalf either jointly or jointly and severally. Jointly means that all the attorneys you name must agree a decision – like a committee. They must all be involved and sign up without exception. Jointly and severally, on the other hand, means any one attorney can decide a course of action on their own.

The latter is obviously far easier to manage. You don’t need a committee to pay a gas bill. But it is best if all attorneys discuss major decisions and share all information on a regular basis. You can specify in the LPA that certain decisions should be made ‘jointly’ and others ‘jointly and severally’. For example, you would probably want everyone involved if your house was being sold.

Another drawback of joint attorneys is that the LPA becomes void if one dies or loses mental capacity.

For expert advice on the complexities of Lasting Powers of Attorney, contact Heritage Will Writing on 02380 879243.