LPA - Changing when and how your replacement attorneys can act

Bloomster2

I am currently creating LPA's (both type) for my wife and myself.

I am the sole attorney for my wifes LPA's and she is the sole attorrneyfor my LPA's

We are appointing our 3 sons as replacement attorneys on all of the LPA's

I understand the default mode for replacement attorneys when replacing a sole attorney is to act jointly, we would like to add an instruction that our replacement attorney may act jointly and severally on all matters to avoid any future problems should 1 of our replacement attorneys not be available for whatever reason.

If they are appointed to act jointly all 3 need to be available and agree before any decision can be made.

I am uncertain exactly how to phrase this on continuation sheet 2 under "How replacement attorneys step in and act" to avoid the possibility of the LPA being rejected for being wrongly worded..

Has anyone given this instruction on a successful LPA registration, if so, how did you word it?

Keep_pedalling

I would not do it that way, as soon as one of your attorneys is unable to act the whole thing fails if you have made your attorneys act jointly.

We have made each other and our two children attorneys and all can act jointly and severally. I can’t see the point of make your children back-up attorneys, you spouse can act alone if she wishes and can involve your children if needed. 

msb1234

In reality, the chances are that your children will more likely be around if you reach a time when the LPA is needed rather than your spouse. What would happen if the spouse as sole attorney actually doesn’t have capacity at that time? You could have both spouses needing LPA involvement at the same time but neither attorney being capable of acting. 

Bloomster2

Hi,

Thank you both for your comments, but maybe I'm not understanding the guide for the Finance LPA correctly.

under section 4 (page 23 of the guide) it states

"If your original attorneys must make all or some decisions jointly and one can no longer act, your replacement attorneys will make those joint decisions instead, unless you’ve instructed otherwise on section 7. Both your remaining original attorneys and your replacements can make any decisions that don’t have to be made jointly."

Our idea was to have all 3 "Replacement Attorneys" step in at the same time should the situation arise where the original "Attorney" can no longer act, so any 1 of them could assist as required.

Does this mean as we only had 1 "Attorney" (no joint decisions needed), so any "Replacement Attorneys" also do not need to make any decisions jointly?

Keep_pedalling

Bloomster2 said:

Hi,

Thank you both for your comments, but maybe I'm not understanding the guide for the Finance LPA correctly.

under section 4 (page 23 of the guide) it states

"If your original attorneys must make all or some decisions jointly and one can no longer act, your replacement attorneys will make those joint decisions instead, unless you’ve instructed otherwise on section 7. Both your remaining original attorneys and your replacements can make any decisions that don’t have to be made jointly."

Our idea was to have all 3 "Replacement Attorneys" step in at the same time should the situation arise where the original "Attorney" can no longer act, so any 1 of them could assist as required.

Does this mean as we only had 1 "Attorney" (no joint decisions needed), so any "Replacement Attorneys" also do not need to make any decisions jointly?

There is no need for replacement attorneys when appointing both children and your spouse as your attorneys, you just give them the power to act jointly and severally. This is the most flexible way of doing it and does not risk the LFA failing if one of the attorneys dies or becomes incapacitated. 

Surely your children would not interfere in your finances if your spouse had full capacity unless she asked for help. Appointing them as back up attorneys suggests you don’t trust them fully.