Lasting power of attorney.

Coachman

Not sure if I'm on the appropriate page here but I'm looking for some advice regarding a lasting power of attorney (LPA).
My wife has LPA over the health/welfare and finances of her brother who is in a home suffering from dementia.
We now realise that if anything happens to my wife, her brothers affairs will be in a spot of bother.
My question is, is it possible to add a second attorney?

AnotherJoe

Best place is the deaths and probate forum https://forums.moneysavingexpert.com/forumdisplay.php?f=217


But I can tell you the answer, its "not directly" you will need to create a new one.
https://www.gov.uk/power-of-attorney/change-your-lasting-power-of-attorney
The forms and help pages, AFAICR, did point out out the benefits of multiple and backups to cover exactly this type of situation.
At least its not too expensive to do another as long as you DIY it.........

HOWEVER - "Houston we have a problem" - I dont know how you'd get a new one done now that brother has dementia and is bad enough he's in a home, he most likely isn't competent enough to sign a new one.
Tell your wife not to die or go doolally.
If its any consolation, once in a home, with dementia, odds are it will be less than 5 years.

elsien

If anything happens to your wife, then someone could apply to the OPG for a financial deputyship - it's not a quick process but will give authority to manage his finances while needed. If there is no family member who wants to take this on, the local authority would normally point to a paid service via a local provider - in my area it's Age UK.
As far as health and welfare goes, the court of protection rarely grants deputyship as it is considered that the best interests process under the Mental Capacity Act is usually adequate.

Having said that, and depending on the severity of the dementia, he may still have capacity to do another power of attorney adding on other deputies. You would need to ensure that his capacity to do this is carefully assessed in order to avoid complication later if anyone queries it.

Keep_pedalling

This is why it is important to have more than a single attorney when you make your LPA. You should either appoint 2+ attorneys to act jointly and severally, or a primary attorney with a back up attorney. At least one attorney should be from a younger generation.

We both have 3 attorneys, each other and our 2 children.

KSWW

Once the original POA has been registered on behalf of the brother with the OPG, it cannot be altered, a new application needs to be submitted. If the brother has ‘good days and bad days’ the guidance is that the applicant has to fully understand his or hers decision making powers at that point which could be difficult to prove and courts could throw the new application out. There are professional companies that will do the assessment and this may well be of use. Contact The Society of Will Writers for referrals to such organisations.

It is very important to have more than one attorney. Ideally it would be the spouse in the first instance and then others as replacements - sons and daughters, brothers, sisters etc... You can alter how the replacements can act and what authority they have as this may well be different to how someone would like their spouse to act.

Best of luck in a difficult position. ����

coach1man

Hi. Firstly, apologies for not replying sooner. Couldnt find the thread.
But most importantly, many thanks to you all for replying to my post. It's obviously a problem that has arisen through ignorarance at the start of the process and one that we will have to sort out asap and at whatever cost.
Thanks again all.
Dave.

lisyloo

I did COP recently and it took 6 months.
We were lucky in not having to pay, but apart from the delay there are various costs involved.

Initial deputyship (£400-£500? Can’t remeber didn’t pay it)
Bond (£90 for £120k cover)
Opg initial fee (£100 we paid 50%)
Opg annual fee

If you can it’s best avoided in advance.