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Which Power of Attorney?

Nige...
Posts: 4 Newbie

HI,
First of all I have no idea which category this should fit into so I've made a best guess. If it needs to moved please feel free to move it.
I have an joint LPA (Legal Power of Attorney) over my Mother and Father with my brother. There are no issues within the family and everything is amicable. However, I have just realised that my Mother has a joint LPA (with her elder sister) over her younger sister who has Biopolar Disorder and Schizophrenia.
The LPA over her sister was taken out years ago and mine is only a few years old. Does this then make hers null and void or do they exist in unison.
This has only just crossed my mind and I need to know if it needs to be sorted before the worst happens.
Thanks in advance.
Nigel.
First of all I have no idea which category this should fit into so I've made a best guess. If it needs to moved please feel free to move it.
I have an joint LPA (Legal Power of Attorney) over my Mother and Father with my brother. There are no issues within the family and everything is amicable. However, I have just realised that my Mother has a joint LPA (with her elder sister) over her younger sister who has Biopolar Disorder and Schizophrenia.
The LPA over her sister was taken out years ago and mine is only a few years old. Does this then make hers null and void or do they exist in unison.
This has only just crossed my mind and I need to know if it needs to be sorted before the worst happens.
Thanks in advance.
Nigel.
0
Comments
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It would be a be a good idea for replacement attorneys (on death) to be added to the younger sisters LPA.
Does the younger sister have mental capacity to agree?
I don't know whether you can't change an LPA or whether a new one would be required.1 -
There is no conflict with these LPAs, your mother is her sister’s attorney any your mother has appointed you as her attorney.
The only problem will be if your mother can no longer act for her sister, you will not be able to use your mother’s LPA to act for your aunt. Is you mother the soul attorney for your aunt?1 -
Given that you aunt appears to have her two sisters who are older acting as her powers of attorney, she might want to think about redoing her power-of-attorney, if she is able to, to have someone younger in there as well as a replacement, should it be necessary.Because if neither of them are able to act due to their own age and health, otherwise she has left with no one.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.1 -
LPA is Lasting (not Legal) Power of Attorney. You might want to make absolutely sure that the power held by your mother over her sister is a LPA, if it's been around for a long time it might be another type such as an EPA, Enduring Power of Attorney. I'd agree with other posters that it makes sense to reconsider who the attorneys for the sister should be. I have my sister and my niece as my attorneys, ensuring there's somebody younger available as one of the options should the power be needed.
1
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