Power of Attorney question.

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  • elsien
    elsien Posts: 32,647 Forumite
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    I would suggest you might want to register a concern with the OPG
    How we deal with safeguarding concerns - GOV.UK (www.gov.uk)

    Both to query how a second LPA was set up when yours was already in place, but also so that if you feel (and have some evidence) that mum may not have been in a position to agree the second LPA due to her capacity at the time, or any other concerns that you may have about how it was made. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
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    And if you do register a concern, please come back and tell us how you got on? 
    Perhaps you could also ask the OPG exactly WHICH LPA would have legal precedence when the second (third/fourth/fifth) LPA, complete with brand new Attorneys, is presented at the bank or with the GP?  Is it the most recent one?  Does the most recent one trump the previous one?  And therefore whether a (possibly no longer) current Attorney needs to keep checking for new, possibly fraudulent, LPAs which have been subsequently registered with the OPG?
    The mind boggles.

  • Flugelhorn
    Flugelhorn Posts: 5,536 Forumite
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    And if you do register a concern, please come back and tell us how you got on? 
    Perhaps you could also ask the OPG exactly WHICH LPA would have legal precedence when the second (third/fourth/fifth) LPA, complete with brand new Attorneys, is presented at the bank or with the GP?  Is it the most recent one?  Does the most recent one trump the previous one?  And therefore whether a (possibly no longer) current Attorney needs to keep checking for new, possibly fraudulent, LPAs which have been subsequently registered with the OPG?
    The mind boggles.

    totally - when presented with H&W LPOA by a relative, I took it at face value - involved them in heathcare decision making etc. Was I supposed to check that there weren't several others floating around ?
  • Pollycat
    Pollycat Posts: 34,634 Forumite
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    Possibly naively, I would have thought that the query to OPG from the OP and the search results would have triggered a "OMG! What the hell has happened here?" and a frantic behind the scenes check before replying.

    Or maybe it's someone on NMW who doesn't understand the implications of having more than 1 LPA for the same person with different attorneys.
  • 74jax
    74jax Posts: 7,921 Forumite
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    Pollycat said:
    Possibly naively, I would have thought that the query to OPG from the OP and the search results would have triggered a "OMG! What the hell has happened here?" and a frantic behind the scenes check before replying.

    Or maybe it's someone on NMW who doesn't understand the implications of having more than 1 LPA for the same person with different attorneys.
    I'm with you too.

    I'm amazed there hadn't been TV shows or reports in the paper of how this can cause huge financial implications.


    Forty and fabulous, well that's what my cards say....
  • Flugelhorn
    Flugelhorn Posts: 5,536 Forumite
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    Pollycat said:
    Possibly naively, I would have thought that the query to OPG from the OP and the search results would have triggered a "OMG! What the hell has happened here?" and a frantic behind the scenes check before replying.

    Or maybe it's someone on NMW who doesn't understand the implications of having more than 1 LPA for the same person with different attorneys.
    it should have let to "OMG! What the hell has happened here?" - suspect it didn't go high enough up the tree. Suspect if it got as far as one of the  more senior bods there might be more of a reaction
  • Pollycat
    Pollycat Posts: 34,634 Forumite
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    Looking forward to the response from the OPG.
  • pphillips
    pphillips Posts: 1,631 Forumite
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    edited 1 May 2021 at 11:00PM
    This is something which one of the broadsheet newspapers may be interesting in investigating, all details changed of course.

    It's inconceivable that there could be two sets of valid POAs with different attorneys, relating to the same person. If this is really the case, and not just a mistake or oversight by the OPG, the rules need to be changed

    Let's suppose for now that OPG are following the rules, these rules are not made by OPG they are laid down by Parliament. So in order to get them changed you basically need the support of the government. I personally don't believe the government will want to put any further obstacles in the way of people making their POAs, no matter how strongly anyone argues that it's bad idea for the donor to have more than one of each type at the same time.
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