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POA - Wording in case of e.g. an attorney being too ill to act
 
            
                
                    RMurphy195                
                
                    Posts: 14 Forumite
         
             
         
         
             
                         
            
                        
             
         
                    When providing an instruction in case of an attorney being unable to act, do I need to list the attorneys names e.g. the instruction in Section 7 of the POA for financial affairs, is it sufficient to have
"IF ONE OF MY ORIGINAL ATTORNEYS IS UNABLE OR UNWILLING TO ACT, I THEN RE-APPOINT MY REMAINING ORIGINAL ATTORNEYS TO CONTINUE TO MAKE THOSE DECISIONS THAT I HAVE SPECIFIED TO BE MADE JOINTLY."
Or, do I need to include names e.g. if I have 3 attorneys something like
"IF ONE OF MY ORIGINAL ATTORNEYS JOHN SMITH, MARY SMITH OR HAROLD SMITH IS UNABLE OR UNWILLING TO ACT, I THEN RE-APPOINT MY REMAINING ORIGINAL ATTORNEYS JOHN SMITH, MARY SMITH OR HAROLD SMITH TO CONTINUE TO MAKE THOSE DECISIONS THAT I HAVE SPECIFIED TO BE MADE JOINTLY."
                "IF ONE OF MY ORIGINAL ATTORNEYS IS UNABLE OR UNWILLING TO ACT, I THEN RE-APPOINT MY REMAINING ORIGINAL ATTORNEYS TO CONTINUE TO MAKE THOSE DECISIONS THAT I HAVE SPECIFIED TO BE MADE JOINTLY."
Or, do I need to include names e.g. if I have 3 attorneys something like
"IF ONE OF MY ORIGINAL ATTORNEYS JOHN SMITH, MARY SMITH OR HAROLD SMITH IS UNABLE OR UNWILLING TO ACT, I THEN RE-APPOINT MY REMAINING ORIGINAL ATTORNEYS JOHN SMITH, MARY SMITH OR HAROLD SMITH TO CONTINUE TO MAKE THOSE DECISIONS THAT I HAVE SPECIFIED TO BE MADE JOINTLY."
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            Comments
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            Neither, the only way to stop the LPA failing on joint decisions is to appoint a replacement attorney in section 4. Why not go with jointly and severally for everything?0
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 thanks for that - jointly and severally for everything seems the best and simplest way to go overall and will do the job. The wording I quoted in my original post was based on the advice leaflet that comes with the documents, and on review it seems that if you go this way, its best to include the names which is a bit of a pain and is liable to error in case of changes.Keep_pedalling said:Neither, the only way to stop the LPA failing on joint decisions is to appoint a replacement attorney in section 4. Why not go with jointly and severally for everything?0
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