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Power of Attorney query

Ny husband and I have Enduring Powers of attorney set up for each other plus , an additional P of A document appointing a relative to act for either of us if we should become incapitated and be unable to act cor each other.

Can anybody suggest any reason why we should update these to the newer Lasting Powers of Attorney? And if we made new Powers of Attorney, perhaps adding another Attorney as well as our original one, which document would have legal preference?

Comments

  • RAS
    RAS Posts: 36,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am pondering this at the moment. My EPA covers management of my financial affairs and by default personal decisions. There are two LPAs, one covering financial management and one health and welfare.

    I might well want some dealing with the health and welfare who would not be great at the money side, and vice versa. In fact when I am a bit older, I would not want the person I think would be best at looking after the money to be making the other decisions.

    If you have an LPA it negates the old EPA.
    If you've have not made a mistake, you've made nothing
  • pphillips
    pphillips Posts: 1,635 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    The above comment "If you have an LPA it negates the old EPA" is not correct.
    Basically the EPA's and LPA's both have legal effect until you and your husband revoke them. You would only update to the newer forms if you needed to change how the old ones worked. Also the EPA only covers property and financial affairs so you will have to do an LPA health and welfare if you want these types of decisions included as well.
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