Lasting Power of Attorney

Yorkie1

squirrelpie said:

Yorkie1 said:

Someone raised a question much earlier in the thread as to whether an overseas Attorney was possible.

My brother and I are Attorneys in my Mum's LPAs - and he lives in Europe. So yes, there are no issues preventing this in principle. The only challenge, as others have said, was in ensuring that the signatures were added to the physical documents (as they were then) in the correct sequence.

I have heard that another issue is that in some situations, it is difficult if the attorney is not physically close to the donor. To check how they are etc. So overseas attorneys may not be a good idea.

That's a valid point - I'm in the UK and brother is overseas as I said. We are joint and several attorneys, so I can act alone if need be. Mum wouldn't have wanted to exclude my brother, and I wouldn't have wanted to risk there being no attorney left if anything happened to me.

I'm not local to Mum, but can get there in a few hours if need be (as could he, possibly even more quickly given Eurostar) and I am in daily contact. She wouldn't have wanted to appoint a local friend instead of us, even if there were any who were younger than her!

Barkin

Albermarle said:

There are two types - Financial + Health & Welfare. 
... 
You are not supposed to use them whilst the donor has sufficient mental capacity to make their own decisions

While that's true for H&W, for a Financial LPOA the donor can choose that it can be used as soon as it's registered. 

collinsca

I have a question that i'm hoping someone can advise on...

My wife and I are setting up LPAs. We are going to assign each other as an attorneys - simple...

The problem comes that we don't have any younger family or friends that could be an attorney for the remaining person...

Can a solicitor be assigned to be an attorney (like they can be assigned as an executor)?

Is there any sort of solution here?

My gut feel is there is no solution; but i thought i would ask.

Thanks

elsien

Yes solicitors can agree to act as LPA - it is more usual for finances but I have know them to act as health/welfare as well. Obviously there will be a cost to that.
Having said that, some people on here have reported difficulty in finding  a solicitor who would agree to take on the role rather than just setting up the LPA which many of them prefer to keep to. 

collinsca

elsien said:

Yes solicitors can agree to act as LPA - it is more usual for finances but I have know them to act as health/welfare as well. Obviously there will be a cost to that.
Having said that, some people on here have reported difficulty in finding  a solicitor who would agree to take on the role rather than just setting up the LPA which many of them prefer to keep to. 

Thanks Elsien