Lasting Power of Attorney Instructions.

miserable_ol_so_n_so

I made an LPA and appointed 3 attorneys acting jointly and severally. I have a question regarding an instruction I have specified. I want to modify this instruction. Is there some way that I can reword the instruction, document it and give the attorneys the new instruction without having to go to the expense of cancelling the LPA and making a new one?

BrassicWoman

Where is your LPA registered? I think you'll need to rr-register it.

helcat26

Section 7 is preferences and instructions.
It depends what you want to change- instructions must be followed so you would need to do a new lpa to change those.
Preferences can be communicated with the attorneys informall or through a signed letter.


I would see if you think the changes you want to make can be placed under preferences to amend the instructions
For example
Previously in instructions
"I do not wish to go into a care home unless I cannot care for myself"
Additional preference to modify-" I would prefer if my attorneys explore all options regarding care in my home if I cannot care for myself, prior to a care home"


This providing the preference was clear and discussed with your attorneys, should stand without you having to do another LPA- but is dependant on your relationship with your attorneys

miserable_ol_so_n_so

helcat26 wrote: »

Section 7 is preferences and instructions.
It depends what you want to change- instructions must be followed so you would need to do a new lpa to change those.
Preferences can be communicated with the attorneys informall or through a signed letter.


I would see if you think the changes you want to make can be placed under preferences to amend the instructions
For example
Previously in instructions
"I do not wish to go into a care home unless I cannot care for myself"
Additional preference to modify-" I would prefer if my attorneys explore all options regarding care in my home if I cannot care for myself, prior to a care home"


This providing the preference was clear and discussed with your attorneys, should stand without you having to do another LPA- but is dependant on your relationship with your attorneys

Thanks. The instruction I want changing/overriding says "My house may only be sold after my death". I have had a rethink and I want to give my attorneys the ability to sell it before my death to fund care home costs. It would be pointless not to sell the house and run up massive debts/interest charges.

miserable_ol_so_n_so

BrassicWoman wrote: »

Where is your LPA registered? I think you'll need to rr-register it.

Thanks. LPA registered with OPG. Reregistering surely means redoing the whole lot all over again and paying another fee.

helcat26

The financial LPA saying you only want the house to be sold after your death would not stand up against the current government policy regarding funding care home care in terms of assets. So regarding your instructions the attorneys would have no choice if there were no other assets local authority would insist on sale of property.


So I would do a preference that says
" I only wish my house to be sold in the event of needing to fund care should all other finances be depleted."
Then hope that you last out to the point where there is a change in government policy.
Either way it will not benefit you to change your LPA for this.

miserable_ol_so_n_so

helcat26 wrote: »

So I would do a preference that says
" I only wish my house to be sold in the event of needing to fund care should all other finances be depleted."
Then hope that you last out to the point where there is a change in government policy.
Either way it will not benefit you to change your LPA for this.

Thanks. Having rewritten this additional item as a preference, what should I do with the piece of paper? Is it sufficient to give a copy to each attorney and keep one together with the LPA? Does anyone have to witness me signing it etc etc?

helcat26

Under new terms for LPA a signed witnessed dated letter to all attorneys should do. If you want to go belt and braces solicitor but should not be necessary. Bear in mind only a preference so does not require them to adhere to it.

helcat26

Under new terms for LPA a signed witnessed dated letter to all attorneys should do. If you want to go belt and braces solicitor but should not be necessary. Bear in mind only a preference so does not require them to adhere to it. If you were in debt for example they could decide to sell

miserable_ol_so_n_so

helcat26 wrote: »

Bear in mind only a preference so does not require them to adhere to it. If you were in debt for example they could decide to sell

Thanks. I was just wondering that in case they did sell the house to pay for care that no one will accuse them of doing something wrong since there is an instruction present. I fully trust my attorneys to do what is in my best interest.

Keep_pedalling

Personally, to avoid any risk I would spend the £110 to put this right. I would go even further in removing any restriction on the conditions of selling your house. Your attorneys are hardly going to sell it while you still need it, and there are circumstances where you need nursing care but do not have to fund it, under those circumstances would you want to lumber your attorneys with having to maintain an empty house, or have to go to the trouble of renting it out?