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Lasting Power of Attorney question
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Fred_Bear_2
Posts: 392 Forumite
I am appointing my wife as attorney and my daughter as replacement attorney.
At the start of section 4 the instructions say: 'If you are appointing only one attorney and no replacement attorneys, now go to section 5'. Likewise the guidance says: 'If you are appointing only one attorney and no replacements you can cross through page 5 - whole of section 4'.
I understand this to mean that I need to complete section 4 because I do have a replacement attorney. But section 4 is only concerned with how multiple attorneys should work together, which doesn't apply as I have only one attorney.
My question is: Do I need to complete section 4 or not?
I have called the helpline but the person I spoke to wasn't sure of the answer. Before I call again I would appreciate any opinions in this forum.
At the start of section 4 the instructions say: 'If you are appointing only one attorney and no replacement attorneys, now go to section 5'. Likewise the guidance says: 'If you are appointing only one attorney and no replacements you can cross through page 5 - whole of section 4'.
I understand this to mean that I need to complete section 4 because I do have a replacement attorney. But section 4 is only concerned with how multiple attorneys should work together, which doesn't apply as I have only one attorney.
My question is: Do I need to complete section 4 or not?
I have called the helpline but the person I spoke to wasn't sure of the answer. Before I call again I would appreciate any opinions in this forum.
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Comments
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I would cross through the sections that do not apply. I think that is mainly tick boxes, in which case just leave them blank.
When you have completed it, read through at least twice and double check though.0 -
I have recently obtained a POA for my Dad. I am the only Attorney with my sister as a replacement. I left 4 completely blank and went straight onto 5.0
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correction - I actually crossed through the box! (As you need to do for any boxes which you are not completing!)0
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Thanks for the advice, that's what I will do.
Perhaps I am being pedantic, but I think the instructions should say: 'If you are appointing only one attorney and fewer than two replacement attorneys, now go to section 5'.0 -
You're not being pedantic at all - I think the instructions are wrong too and if I remember rightly this was also one of my queries for a solicitor friend who I got to check the form for me before posting!!0
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