Lasting Power of attorney, sole attorney.

rumncoke

I am the sole attorney for my mum since my dad died 10 years ago. (No deputies listed) She is now in a care home & I have been looking after her finances since 2022. She has capacity.

I am concerned that should anything happen to me before her (hopefully unlikely but you never know) then my sister would have to apply to the court of protection. Mum has never disclosed details of her finances to my sister & has said she would not want her acting on her behalf. (Long family history)

I am thinking that it may be wise for mum to do a new LPA listing me & another trusted person (probably grandson) as her attorneys. 
My question do we just fill in new forms & once registered that would revoke the previous one (as it does for wills) 
Thanks in advance.

Keep_pedalling

The only way to obtain a second or back up attorney is to make a new one. Unfortunately this means revoking the existing one before the new one can be registered which will leave a gap where no one has POA. 

rumncoke

I did wonder if that would be the case. Would it be possible to send in the new one alongside the revocation do you know? (found the wording for that online) so avoiding a gap. Or would that remove me completely even if I am listed on the new one.
Obviously care home fees need to be paid each month & I move money across from her savings just before due date.

Keep_pedalling

rumncoke said:

I did wonder if that would be the case. Would it be possible to send in the new one alongside the revocation do you know? (found the wording for that online) so avoiding a gap. Or would that remove me completely even if I am listed on the new one.
Obviously care home fees need to be paid each month & I move money across from her savings just before due date.

I am pretty sure you can do that but it may take a few months for the OPG to process and register the new one.

brickwall21

I would look at adding a solicitor or another professional person as an alternative PoA. If there is likely to be problems/dispute with another family member then  these can be very difficult and expensive to resolve, and it may be something you do not wish to burden the grandson. If there are any disputes the Office of Public Guardian usually assume you are guilty until proven innocent, which is a long and difficult process.  

 It may be better to consider doing nothing, as you are looking at a worse case, and if it does happen then a court appointed deputy process would kick in, but the bank would probable keep paying the care home fees as long as there is money in the bank. You may be better asking the bank this question to put your mind at rest

rumncoke

Speaking to the bank is a great idea thanks. Grandson is now not keen on doing it anyway having had some time to think about it. As he said if the situation arose he would be busy dealing with my affairs anyway & wouldnt have the head space to be sorting out his nans as well.