POA - changed my mind

noonesperfect

A good friend asked me, along with her younger daughter, if I would be willing to have Power of Attorney (both her health and financial affairs). The elder daughter did not want the responsibility. The one who has taken it on lives abroad.


As I didn't want to let her down I agreed to do it and all the papers were signed and sealed a year or two ago. However I was never entirely happy about taking on the responsibility and would like to give it up.


What would YOU do in this situation? :eek: My friend has just had her 81st birthday and is of sound mind and is fairly fit.

Yorkshireman99

You can, of course resign as attorney at any time. I would suggest you need to discuss it with your friend and see if the elder daughter can be persuaded to change her mind. Without intending to be judgmental it does illustrate the importance of only taking it on if you are really sure. Likewise executorship of a will.

noonesperfect

I take your point Yorkshireman99


Though when all is said and done my *friend doesn't need more than one Power of Attorney if the elder daughter still doesn't want to do it. She actually does very little for her Mother
(even down to keeping in regular contact). Which riles me as I bet she will be up here like a shot to collect her share of the spoils when her Mother passes.


Plus I do not want to be put in a position where I have to defend myself if it all goes pear-shaped. (We can act independently of each other - which I hadn't expected. I would rather act under instruction than make any decisions for her*).

Yorkshireman99

noonesperfect wrote: »

I take your point Yorkshireman99


Though when all is said and done my *friend doesn't need more than one Power of Attorney if the elder daughter still doesn't want to do it. She actually does very little for her Mother
(even down to keeping in regular contact). Which riles me as I bet she will be up here like a shot to collect her share of the spoils when her Mother passes.


Plus I do not want to be put in a position where I have to defend myself if it all goes pear-shaped. (We can act independently of each other - which I hadn't expected. I would rather act under instruction than make any decisions for her*).

It is generally agreed that having joint attornies is bad news since if one dies or cannot act then the other can't either. You are obviously in a very difficult position and only you can make up your mind. I am sure you are correct about the vultures.

Malthusian

noonesperfect wrote: »

Though when all is said and done my *friend doesn't need more than one Power of Attorney if the elder daughter still doesn't want to do it.

It is always a good idea to have more than one (or one plus a backup, or "replacement") in case something happens to your other attorney after you have lost capacity. But that doesn't place any obligation on you to be that second attorney when you don't feel able to.

Plus I do not want to be put in a position where I have to defend myself if it all goes pear-shaped. (We can act independently of each other - which I hadn't expected. I would rather act under instruction than make any decisions for her*).

Attorneys give instructions, they don't take them. As Yorkshireman said, requiring attorneys to act jointly rather than jointly and severally is a very bad idea.

That said, if you had to take over her affairs, the younger daughter could make the decisions, tell you what to do via email, and you could deal with the paperwork, without the need for forms to go back and forth across the Atlantic as there would be if younger daughter was attorney on her own. This isn't 100% ideal as the person making the decisions is a bit far removed and will be less familiar with the UK tax and legal system (a problem you could solve by paying for professional advice). It would also be important to understand that you would remain legally responsible for what you were signing. However it is probably better than having a single attorney living on another continent.

But if that arrangement would still be too much responsibility, then the sooner you tell your friend the more time she has to find another attorney.