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help with attorneys - POA

I have two children who I would like to make attorneys jointly.

As I understand it, if one of them dies, then the replacement attorney takes over sole responsibility, thus denying the surviving child any input in the decision making.

What is the best way to get around this?

Thank you

Comments

  • Crabapple
    Crabapple Posts: 1,573 Forumite
    Joint appointments can often cause problems. Your best option is to appoint them jointly and severally and put in the guidance that you would like them to discuss matters wherever possible before making decisions.
    :heartpuls Daughter born January 2012 :heartpuls Son born February 2014 :heartpuls

    Slimming World ~ trying to get back on the wagon...
  • Keep_pedalling
    Keep_pedalling Posts: 21,913 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    if the will is written correctly then the surviving child would act as sole executor and the back-up executor would only need to step in in the event of both children dieing before you, or if the surviving child was unwilling or unable to do it.

    You really should get the will drawn up by a professional who will make sure it is worded correctly.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    edited 20 March 2015 at 10:07AM
    if the will is written correctly then the surviving child would act as sole executor and the back-up executor would only need to step in in the event of both children dieing before you, or if the surviving child was unwilling or unable to do it.

    You really should get the will drawn up by a professional who will make sure it is worded correctly.


    That's true, but we are talking POA, not wills
  • Keep_pedalling
    Keep_pedalling Posts: 21,913 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    dzug1 wrote: »
    That's true, but we are talking POA, not wills

    Sorry I think the eclipse did something to my head :)
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have two children who I would like to make attorneys jointly.

    As I understand it, if one of them dies, then the replacement attorney takes over sole responsibility, thus denying the surviving child any input in the decision making.

    What is the best way to get around this?

    If you don't trust your children to act 'jointly and severally', don't make them attorneys.
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