Lasting Power of Attorney - what actually happens when it is revoked? Is it confirmed by the OPG?

getmore4less

Presumably you know the proposed new ones.

If they won't be that happy if you remain in place hand the chasing over to them as you seen to be happy to remain to avoid the situation where no one has POA.

BooJewels

I wish it were that simple - I would already have approached them to ensure it was in progress.  Unfortunately, the potential new Attorneys are totally estranged from me (no contact for about 30 years) and I have no way to contact them.

I just want to ensure that the Donor is properly potected and future-proofed, as she's in her 90s already.  I would prefer to remain as her Attorney if there is no alternative in place and would do my very best for her.  But if I were to be called upon to act, it would not sit well with the parties that I suggested should be my replacement.  If they don't already know about it (they certainly didn't at the time the original was set up and she didn't want them to know in advance), it wouldn't be well received if I did need to step up.

It would just be better for all parties if a new arrangement was put in place and I could leave it to someone else, knowing that she was being looked after, at least to some degree.

I suppose, that the original LPA remains in force until I hear otherwise from the OPG?

anmarj

@BooJewels - I saw something at work today, which confirms if the LPA is revoked, OPG do send notification to the donor and to the attorney they are revoking. Hope that helps :-)

BooJewels

Many thanks for the confirmation @anmarj - it's much appreciated.   Yes, it does help - at least I'll know for certain one way or another and if it hasn't been done/I don't hear, can check the situation as previously discussed and re-address it, as required.

I've just checked and added up how long it has been and the Donor only saw her solicitor 9 weeks ago this week.  So I suspect, if new LPAs are taking 20 weeks to set up, then I might well not hear anything until into the New Year. 

I wonder if the OPG are switched on and co-ordinated enough to keep the out-going attorney in place until a new one is set up, or just deal with the items in isolation on different time-scales?  It could also be that an attorney being revoked is being so as they're now totally unsuitable and it wouldn't be appropriate to keep them on a moment longer than necessary.  But that might leave a gap without that support for the Donor.

I wish it wasn't troubling me so much, but it is.  I think it's the not properly knowing that's causing the consternation.  And I hold her solicitor partially responsible for that - an elderly lady being confused is one thing, but the lawyer could have put my mind totally at rest with a few carefully chosen words, without any breach in confidentiality or indiscretion on her part.  But I don't feel I can even approach her again now, as she's slammed the door firmly shut in my face.

Thank you - everybody's help is truly appreciated.  I'll report back if I hear anything further.

BooJewels

Just as a minor update, in case anyone searches for something similar in future.  I hate it when you search for something and no solution or conclusion has been posted.

Before shutting down the tab, I decided to look at what you could find out when filling in the form linked to on page 1 by both @getmore4less and @elsien to find someone's attorney - the form itself lists what they include in the results.  I was going to just save it for future use, but decided that I might as well fill it in and send it off, as at least some of the data would be useful now.

I got a reply less than 28 hours later - and it does show the details of the original LPA with my husband and I as attorneys and it does stipulate that we are to act 'jointly and severally' and there are 'no restrictions on how the attorneys can act'.

So at least I now know that the LPA is currently active and I can still act, if called upon to do so.  If I don't hear from the OPG, I'll repeat the process in early February - 22 weeks after she saw her solicitor - and if it gives the same results, I'll know that I haven't been revoked and a new LPA set up with other family members.  Which will give rise to another awkward conversation.

BooJewels

I just thought I'd further update this thread.  As I mentioned, I'd diaried to follow up on this in February and whilst I had the page open when I pasted the link to check LPAs for someone else, I sent off a further form to see if anything had changed yet - as I haven't heard anything.  I also filled in the final section where you can ask for further information, explaining the situation and asking if a new LPA registration was in progress.

The result came back exactly the same as before, that my [late] husband and I are the active attorneys, to act jointly and severally, without restrictions.  The covering letter said that this was the only information on record for the Donor, but the first letter said that too, so I don't know if registrations in progress would be available to whoever searches and if they'd even comment if it was.  But I think now at 25 weeks today since she saw her solicitor, it's pretty safe to say that it hasn't actually been done.  Surely, if she'd revoked me, that could potentially happen faster than any new LPA being set up - as the new attorneys might take time signing forms etc. which could further delay that already slow process.

Which is all going to give rise to a difficult conversation, I was hoping to avoid.  I could of course disclaim myself, but that would be to suit me really, but perhaps not be in the best interests of the Donor.  Better to have one slightly less than ideal Attorney, than none.

I did vaguely wonder if the solicitor picked up on her confusion and lack of understanding of what an LPA is and didn't think she had enough capacity to set one up - but she re-did her will, so that's perhaps not the case either.

missnosey122

as you have proof the LPA is still live with your details the Solicitor shd talk to you and confirm if another LPA has been applied for, they aren't breaking confidence bc either you are the attorney & can act in your relative's interests or your not & they can confirm this without giving you details of new attorney.

BooJewels

You'd think so @missnosey122 - but last time I contacted them to ask about this - in about October I think, the reply was that they could only discuss it with their client and not to contact them again.  I replied saying that I fully understood that they would want to protect client confidentiality, but as I was named in the document and at that time, still an active Attorney and they could check security with me (my DOB and address are on the document) I was only asking for confirmation - yes or no as to whether I'd been revoked wouldn't breach any confidentiality.  My read receipt came back as 'your message has been deleted unread'.  So I see little point in trying to speak to her again.  

missnosey122

It was worth the try.  Seems crazy given if the relative is incapable and the Solicitor acts on her behalf making an Ill advised decision/mistake I would think the family have recourse to claim against them.

Hope everything works out.

BooJewels

I think maybe you misunderstand the situation - words like 'ill-advised' and 'recourse' are way too strong for the situation.  The current arrangement is just not ideal, but perfectly workable.  In fact, I'd be happy to lay a wager that I'd do a better job and be more trustworthy than the person the donor now feels she'd prefer as her attorney - but perhaps not enough to actually put him in place.  

If nothing else, I made a promise to my dying husband that I'd look out for her and do my best for her and no force on earth will make me break that promise, despite any personal discomfort it causes me.