LPA Attorneys?

Newly_retired

I am about to do my LPA. I had planned to appoint my son and my daughter to act jointly and severally for both Finance and Health/welfare, but they have now fallen out and not spoken for several months. So I am wondering what to do. Daughter and granddaughter for Health and son for Finance? Or might there still be too many potential conflicts?

Keep_pedalling

There could be conflict if you ever needed residential care. 

Who do you trust the most? Make them your primary attorney for both and the other as back-up attorney.

elsien

Having one for health and welfare and another for finance isn’t going to work if it comes to welfare decisions that need financing to support them.
It should come down to which of them do you think is going to be best placed to act for you - who is most likely to know what you would want, and to do that best to follow that through?
Trying to keep things “fair” and not wanting one child to feel left out doesn’t always work. 

Flugelhorn

appoint the one you feel is most sensible to be your attorney - other one will probably have a paddy but this needs sorting 

silvercar

elsien said:

Having one for health and welfare and another for finance isn’t going to work if it comes to welfare decisions that need financing to support them.
It should come down to which of them do you think is going to be best placed to act for you - who is most likely to know what you would want, and to do that best to follow that through?
Trying to keep things “fair” and not wanting one child to feel left out doesn’t always work. 

I am a joint attorney for welfare and a sole attorney for finance for a relative. Goodness knows what is meant to happen if we don’t agree on a welfare issue due to the financial implications.

Though I do know of a few siblings where one takes on finance and the other welfare to spread the load.

bompey

Difficult though it is you need to choose one to do both then, with the other as a backup in case the first predeceases you. My understanding is that if say a care home is needed you need the health LPA to make the decision to move into one but the finance LPA is needed to make payment.
My partner fell out with sister and now responsibilities are split. Rather than simplifying things and good planning it could be a nightmare to sort out.

Ms_Chocaholic

Joint and severally means that either can act without the other so you can safely add both.

Ms_Chocaholic

If you’re not the only attorney

The LPA will tell you whether you can make decisions on your own or together with other attorneys.

Make decisions jointly and severally

This means you can make decisions on your own or with other attorneys. You can share tasks. If one of the attorneys is unable to act, then decisions can still be made without them.

Make decisions jointly

This means all attorneys have to agree on the decision. If one of the attorneys can no longer act, none of the other attorneys can act either unless the donor states otherwise in their restrictions and conditions (sometimes known as ‘preferences and instructions’).

From here

https://www.gov.uk/use-lasting-power-attorney