Lasting Power of Attorney (LPA) Husband and Wife

dannahaz

Hi, sorry i fthis has been asked and answered before.

My husband and I wish to make LPAs to enable us to manage each others financial affairs in the event that one of us loses our marbles.

Most of our stuff is in joint names. I understand that in the event of death, there won't be a problem managing the joint accounts, but in a no-marble situation, the bank may step in and prevent access to money.

We'd like to make LPAs to cover this. I've downloaded the form from the Public Guidance Office, and it all looks very straightforward. But I do have a question:

I believe it's best to register the LPA immediately, whilst we both still know what we're doing. But I don't actually want to be able to access accounts in my husbands name, nor for him to access accounts in my sole name, while we are both capable of managing our own affairs.

Question 6 on the "Property and Affairs" offers the opportunity to impose restrictions and conditions. How should I word the "in the event of me being mentally incapable" condition?


If I don't register the LPA straightaway, what's to stop someone from substituting replacement pages on a form I've signed. For example, let's say I have it all signed and witnessed saying my DH is my Attorney. We don't register the LPA yet as we're both mentally OK.

What's to stop another relative swapping the page listing my DH as my attorney for another page saying they are the nominated attorney? If I'm not mentally capable at this stage, I'd never know.

Thanks for your help.

Savvy_Sue

If you're seriously worried that might happen, then can you sign each page? Or take legal advice.

JennyW_2

dannahaz wrote: »

Hi, sorry i fthis has been asked and answered before.

My husband and I wish to make LPAs to enable us to manage each others financial affairs in the event that one of us loses our marbles.

Most of our stuff is in joint names. I understand that in the event of death, there won't be a problem managing the joint accounts, but in a no-marble situation, the bank may step in and prevent access to money.

We'd like to make LPAs to cover this. I've downloaded the form from the Public Guidance Office, and it all looks very straightforward. But I do have a question:

I believe it's best to register the LPA immediately, whilst we both still know what we're doing. But I don't actually want to be able to access accounts in my husbands name, nor for him to access accounts in my sole name, while we are both capable of managing our own affairs.

Question 6 on the "Property and Affairs" offers the opportunity to impose restrictions and conditions. How should I word the "in the event of me being mentally incapable" condition?


If I don't register the LPA straightaway, what's to stop someone from substituting replacement pages on a form I've signed. For example, let's say I have it all signed and witnessed saying my DH is my Attorney. We don't register the LPA yet as we're both mentally OK.

What's to stop another relative swapping the page listing my DH as my attorney for another page saying they are the nominated attorney? If I'm not mentally capable at this stage, I'd never know.

Thanks for your help.

You should really seek the advice of a solicitor who can more easily advise best for your situation.

I have power of attorney over my husbands affairs because he is in the navy and away a lot. We made an appointment with the solicitor, went through our circumstances and they advised the best route to take.