Lasting power of attorney - health and welfare. I think we've made an error...
Following the death of my father at the start of the year, my mum was insistent on establishing LPAs, both the Property & Finance one and the one regarding Health & Welfare. We completed the forms ourselves but, for whatever reason, I think we've made the wrong choice about how the attorneys should make decisions with regards to the H&W LPA.
I know this should have been picked up before now, but the H&W LPA arrived this week and under section 3 we have selected 'jointly', with me and my brother listed as attorneys and there being no replacements. Am I correct in understanding that if my mum lost capacity tomorrow and then say my brother (or me) died/was unable to act as an attorney after that, the LPA would fail? We do have the following in section 7 instructions: 'If one attorney dies or is no longer able to act, the other attorney must make decisions alone' but I assume this wouldn't change a thing in the circumstances I've just outlined?
We ended up choosing 'jointly' because mum wants us to make all the decisions together, but maybe we should have chosen 'jointly and severally' and outlined similar section 7 instructions to ensure we do this as much as possible? If the current instructions are worthless then I'm surprised the OPG didn't pick this up; not to blame them, if it's a mess up then it's a collective one. I'll blame the grief.
Other information: the Property & Finance LPA has me as the sole attorney and my brother as a replacement.
Is our best/only option to cancel the H&W LPA and pay the £82 and complete a new one?
Thanks in advance.
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