LPA for a married couple

littleblue735

I've read up on how to get a LPA and it seems very easy, I can do the forms and get the Doctor to sign....however what if its for two people?

My Mum has dementia and Dad recently had a heart scare so we are planning for the future.
Mum doesn't know anything about the finances as Dad sorts everything ( as that generation does!). They both have full capacity at present.

So Dad wants me to sort out LPA to cover both of them in case the worst happens...ie Dad passes away and we can deal with finances for Mum.

Do I have to apply separately for them?

securityguy

"Do I have to apply separately for them?"

Yes. One person, one LPA. The end.

Loanranger

Pretty certain that, first, each person has their own power of attorney. Second, if your Mum does not have capacity, has dementia for example, she will not be able to assign power of attorney to anyone. Someone will be along here to fill in the gaps and correct anything I have said.

securityguy

A dementia diagnosis is not, of itself, proof of lack of capacity. Someone can be capable of taking decisions even if, for example, they cannot remember taking those decisions a day later. If there is a dementia diagnosis, it would be wise to ensure the certificate provider is an appropriate professional with knowledge of the donor; how important this is depends on whether there is anyone amongst the family or friends likely to seriously challenge the PoA. If everyone involved agrees it's in the donor's best interests, and the PoA is in favour of the next of kin who are going to have de facto and, if they go to the court of protection, de jure power anyway, then the issue as to whether they have full capacity is somewhat moot.

Keep_pedalling

We both have LPSs with 3 attorneys, each other and our two children. All attorneys can act jointly and severally, this covers us for just about any situation.

While you are at it set your own up.

littleblue735

Thanks its as I thought. All the family are in agreement for me to set it up as we all want things to be sorted before the inevitable happens.

Yorkshireman99

littleblue735 wrote: »

Thanks its as I thought. All the family are in agreement for me to set it up as we all want things to be sorted before the inevitable happens.

Make sure you don't fall,into the trap of specifying joint attorneys. If one dies then the LPOA becomes worthless. Choose your attorneys wisely and allow them to act alone.

securityguy

As I have mentioned before, when my parents flirted with writing LPAs which would make my brother and I joint attorneys, we politely told them to find other attorneys that they trust, as clear clearly didn't trust us.