Enduring Power of Attorney succession?

Davedave

My dad and my mum each have two Enduring Power of Attorney (not Lasting Power of Attorney) documents, one to each other and one to my sister and I. All four of these documents were created in the same year, though the one to myself and my sister was signed 2 months earlier.

My dad has taken seriously ill and my mum is wanting to register the Enduring Power of Attorney with the Court of Protection so that she can manage his affairs for him.

Mum is wondering what will happen when she becomes too old to manage their affairs... will my sister and I be able to manage my dad's affairs by registering the other Enduring Power of Attorney document which was signed 2 months earlier, or will the fact that mum has already registered one of them nullify the other?

If we were to register mum's Enduring Power of Attorney at that point, will we by default have management over dad's affairs also?

Thanks,
Dave

Savvy_Sue

I'm afraid I don't know but would suggest phoning the Office of the Public Guardian to get their advice.

Keep_pedalling

They should not have multiple EPAs. The correct way to do it, would have been to appointed 3 attorneys with the ability to act jointly and severally.

Once you have registered one of of these I believe the other cannot be used, so you may be wise to use the one appointing you and your sibling.

The fact that you are looking to register now suggests he has lost mental capacity, but if this is not the case, than it would be better to start again with an LPA.

AnotherJoe

I agree with KP amd would go further and say that for those in the family who still have mental capacity such as mum and siblings, you should do new LPAs and when granted rip up the EPAs.it will be cheaper overall and much less hassle..

Davedave

Thanks all, much appreciated. Between the three of us we have decided to register for my sister and I.

Thanks for your advice.