New power of attorney guide

sandiego

Hi all can anyone help me with if i need to get 4 Lpa's 2 for my mum & 2 for my dad ? or can they be made as a married couple ?
My dad has a serious illness & my mum has just been diagnosed with
early onset alzheimers so i need to discuss lpas with both of them
how i do that i really dont know but any help appreciated.

pphillips

The LPA's must be made individually as joint LPA's don't exist.
Also, someone can only make an LPA while they still have mental capacity.

ih8stress

Trying to get to grips with the option of 'jointly and severally' ie together or individually.

Example:

I have 3 x Attorneys (A, B, C) plus 1 x Replacement Attorney (D)
I do not request that A, B, C are to act 'jointly' for any particular event,

D replaces either A, B, or C for one of the accepted reasons

Am I right in thinking that they would ALL still be able to act jointly and severally in this instance?

Also, if I would like them to act together on certain issues, I need to put this as a carefully worded 'guidance' as a 'restriction' would not be valid?

Thank you in advance

ih8stress

Hi, is anyone able to answer my query above, please?

Rosie1980

There are three options as to how you want your attorneys to act.
1) jointly and severally - this gives the attorneys power to do anything they want on their own OR together
2) jointly - everything has to be done together
3) Jointly for some decisions, and jointly and severally for other decisions - you must specify which decisions you would like taken together and everything else can be done individually.

I take your post to mean you have chosen 1. If there are things you want them to do together you need to chose 3.

Yes you are correct in saying that you can give some preferences in them acting together if you select 1 but they can ignore this unless you chose 3 and give specific instructions which must be followed.

However if you chose 3 and let's assume you say you want the sale of your house to be a joint decision. Should C be unable to do it then D will be able to make that decision alone whilst A and B will be unable to make it as C isn't there to take the decision jointly with them.

So if you want everyone to always be able to make decisions chose 1 and give a preference later on in the guidance section, only using words like "I prefer ..." Or "I would like ...". The examples you can click through to on the online forms are very helpful.

By selecting 1 all attorneys and replacement if required can act jointly and severally.

ih8stress

Thank you for your reply, Rosie1980.

Yes, I am referring to option 1. I would have preferred option 3 BUT am put off by the fact that if A, B, OR C dropped out then D would be the ONLY one to have a say for joint decisions.

If most people choose their Attorneys in the order of preference (as I will be doing) then it seems silly that, in this example, D could end up with more say than A(B, C).

I do understand the principle of it i.e. if they act 'jointly' they are seen as one person/body, so if one goes, they all go.

ih8stress

Can I ask another couple of questions, please (then I promise to stop, honestly:)):

I may only be having 3 Attorneys now.

So, if I took up option 1 for them all to act jointly and severally, but did NOT make one of the 3 a Replacement Attorney - am I right in thinking that the surviving two would carry on as normal in being able to act jointly or severally?

A different scenario (for a family member):

For 2 Attorneys acting jointly, with no Replacement Attorney in place,
if one of the Attorneys dropped out - would the surviving Attorney be unable to continue and the LPA therefore be cancelled?

I appreciate your input, thanks.

Mojisola

ih8stress wrote: »

Can I ask another couple of questions, please (then I promise to stop, honestly:)):

I may only be having 3 Attorneys now.

So, if I took up option 1 for them all to act jointly and severally, but did NOT make one of the 3 a Replacement Attorney - am I right in thinking that the surviving two would carry on as normal in being able to act jointly or severally?

A different scenario (for a family member):

For 2 Attorneys acting jointly, with no Replacement Attorney in place,
if one of the Attorneys dropped out - would the surviving Attorney be unable to continue and the LPA therefore be cancelled?

Mum and I were Dad's attorneys, able to act jointly and severally.

Mum had died before we needed to register the POA for Dad so it all went ahead in just my name. Mum's death didn't cancel it.

Old_Joe

Am interested in daughters being my wife and mine LTP, but have several questions:


What cost is it to set up a LPA.
How to set up LPA without going online.
Can these be Registered without the need of a solicitor?
Is the cost per person registering and for the dependent of how many person prepared to act as a LPA


Any advice will be appreciated.

Rosie1980

Ask away that's what forums are for. By the way I am in no way legally qualified just someone that has spent a lot of time creating several Power of Attorneys and reading about them.

ih8stress wrote: »

So, if I took up option 1 for them all to act jointly and severally, but did NOT make one of the 3 a Replacement Attorney - am I right in thinking that the surviving two would carry on as normal in being able to act jointly or severally?

Yes that is correct.

ih8stress wrote: »

A different scenario (for a family member):

For 2 Attorneys acting jointly, with no Replacement Attorney in place,
if one of the Attorneys dropped out - would the surviving Attorney be unable to continue and the LPA therefore be cancelled?

I appreciate your input, thanks.

Yes that is also correct, you've got the hang of this!