Setting up LPAs (Husband and Wife)

collinsca

Hi
My wife and I would like to set up LPAs (with each other being the attorney).
It all looks pretty straight forward, but before i attempt to fill it in i thought id ask here of any guidance.
We would set up both LPAs ('Health and welfare' and 'Property and financial').
https://www.gov.uk/power-of-attorney
Many thanks!

Pennylane

Go for it!  It is really straightforward and very reasonable and if at any point you get mixed up (which is unlikely) you can ring them. I did it for my late Mum (both parts) and they were invaluable and used countless times.

tacpot12

I would recommend that you have more than one attorney, or at least have some reserve attorneys. I would keep your instructions to your attorneys as simple as you can, although it may be prudent to be clear in your Property and Financial POA that you are allowing them to pay for professional advice if they need it. 

When it is time to get the forms witnessed, it is better to do so with everyone present on the same day - one of the most frequent reasons why LPA forms are rejected by the OPG is because they have not been signed in the correct order. This mistake cannot happen if everyone signs on the same day. You might need to wait until lockdown is lifted and you can physically meet your witnesses and certificate provider because the government has not allowed the same flexibility with signing and witnessing LPAs during the pandemic that they have with Wills.

collinsca

Thank you both.
Really good point re the witnessing. I assume if i follow the gov.uk process, does it then ask me to print off for witnessing?

Mojisola

collinsca said:

My wife and I would like to set up LPAs (with each other being the attorney).

tacpot12 said:

I would recommend that you have more than one attorney, or at least have some reserve attorneys.

This is important to cover eventualities such as you both being in a car accident and unable to act for each other or both deteriorate with old age and can't cope with the legalities.

newatc

I'll add what has been said about having a reserve attorney. Will also remove the need to get a new LPA after the first one is no longer able to perform the duty.

collinsca

Thanks everyone. Its a very valid consideration. 
As we have no children however it is a tough decision on who to ask.
Yes we have friends, but thats a big ask of a friend, and our friends are roughly our age too, so they may be in similar situation when we are older.
Any thoughts appreciated! (Is it worthy of writing down your thoughts in situations like this? ive read something about 'advanced decisions' - or would that form part of a will rather than an LPA?)

Savvy_Sue

Do you have cousins / nephews / nieces?

Who inherits when the survivor of the pair of you dies? 

I have siblings without children, and they are approaching nephews and nieces for this, which is sensible because they may well inherit (I haven't checked ...)

collinsca

Savvy_Sue said:

Do you have cousins / nephews / nieces?

Who inherits when the survivor of the pair of you dies? 

I have siblings without children, and they are approaching nephews and nieces for this, which is sensible because they may well inherit (I haven't checked ...)

Thanks for your response sue - i have an older brother... (who would be an obvious secondary)
and yes i have cousins and nephews/nieces, but i am not close enough to any of them to bring up the topic or feel like they know me well enough to be willing to act on my behalf or make decisions for me.

Savvy_Sue

I've suggested to the sibling who asked if any of his nephews / nieces would be prepared to stand as attorney, and to the youngster who's agreed, that they need to get to know each other better!

Pragmatic decisions were needed. One of the youngsters lives abroad. Another would usually be itinerant. Some live at the other end of the country. Some are barely 18. 

I think it's a good fit, but it's a case of watch this space. My sibling started by asking us for suggestions so we asked our offspring. We're all of an age where we've seen the need for it so no barriers to discussion!