Lasting Power of Attorney

PTurner_2

Just a quick question really, but one I've only found sketchy answers for.

I was told that if you've previously appointed an attorney to act for you under an EPA, that if you later on add another attorney to act in the same regard via an LPA, the LPA will cancel the prior EPA?

I was under the impression that they could both run side-by-side and that the EPA could only really be cancelled with a deed of revocation.

Many thanks.

Keep_pedalling

If you want more than one attorney (which is a wise thing to do) then yes you should revoke the EPA, and put the existing attorney and the second one on the LPA.

If the EPA was registered which it should not be if you have mental capacity, then you would be unable to create a LPA without going through the court of protection to get the EPA revoked, so no they cannot run side by side, and I can't see any reason you would want to do it that way.

PTurner_2

But technically speaking, let's say you can't get the other person to agree to sign the new LPA because they're being difficult, both still potentially have legal effect once registered?

https://forums.moneysavingexpert.com/discussion/5365854

Keep_pedalling

Why would you want someone like that as your attorney?

In the link you have referred to, we are talking about an EPA for finance and a LPA for health and welfare which is fine, you should not mix the 2 for finance, especially as you seem to have an attorney who does not want to play ball with your wishes.


Revoke the EPA now, and sort out a new LPA making sure you are not dependant on a single attorney. We have appointed each other and our two children as attorneys to act jointly and severally so if anything happened to one or both of us there should always be at least one attorney available to step in.

PTurner_2

Thanks for your help. I completely accept it's not ideal. The existing attorney is husband who is controlling and (psychologically) abusive, and we were trying to avoid setting him off, at least for now, as he's been in a particularly bad mood. Revoking him would cause serious difficulties.

tyllwyd

So is the EPA already existing and has been registered? The EPA should only be registered when the person has lost mental capacity - so if the person has been officially recognised as having lost mental capacity, I can't see how they could then be considered to have capacity to make a new LPA.


If the EPA has not been registered and the person still has capacity, it seems as if the EPA can just be thown away and a new LPA drawn up


From https://www.citizensadvice.org.uk/relationships/looking-after-people/managing-affairs-for-someone-else/


"Can I change an enduring power of attorney to a lasting power of attorney?

If you have made an EPA but want to have an LPA instead, you can do this. If the EPA is not registered, you can just destroy it. You can then complete an LPA form and apply for this to be registered – see under heading Lasting power of attorney. Unlike an EPA, an LPA is not valid unless it has been registered.
Alternatively, you could keep your EPA but make and register an LPA to deal with your personal welfare in case you lose your mental capacity. EPAs can't be used to look after someone's personal welfare."


If the person concerned has lost capacity and the EPA has been registered and is being used, but you are not happy with what is happening that sounds like a messy situation - I think you need to speak to a solicitor to find out what the options are.

PTurner_2

You're right the EPA hasn't been registered, but destroying it would cause more problems when he found out, which he would pretty quickly.

We intended the LPA to be a silent back up to ensure that in the event of loss of capacity (she has advanced MS) he wouldn't have completely free reign, wagering that his anger would be more tolerable at that point.

He would not allow an LPA to be signed that included anyone other than himself. I appreciate he can't legally do that, but she won't risk a confrontation.