Do spouses need POA for each other?

tadpoleuk

I am currently filling out the forms so I can be POA for Property and Finance for my mum and my step dad. They are married. Do they also need to have POA for each other as they have separate bank accounts etc? We have worries that my step dad may have some form of mental decline. Thank you

Brie

You should be able to fill them out so that you and one of them can be on each form and stating that decisions can be made by either or jointly. So if stepdad is poorly your mom could still be in control and you not to worry about anything but if/when she becomes poorly you can step in.

elsien

it is completely the donors choice as to who they want to act for them. So who does your mum want because that is her choice? If she doesn’t want your stepdad, or yourself for any reason, then there is no obligation to do so regardless of relationship.

Lacking mental capacity would rule out someone being able to act as LPA but that needs to be on the basis of a proper assessment not a best guess, if she does want to have her husband as LPA.

It is good practice to have more than one, ideally someone younger, and to act jointly and separately rather than jointly because again if it is joint and there is either a disagreement as to the best course of action or someone is unable to act for some reason, the LPA effectively fails.

Both of them should have power-of-attorney in place (if they agree, which can be a stumbling block for some people) but they don’t have to have the same ones. I would also suggest LPA for health and welfare as well as finances.

NedS

They would each need PoA to have powers over any sole accounts. Obviously not required for an jointly held assets (joint accounts)

If appointing two PoA's (for example, each other and a child), it is normal to appoint them to act jointly and severally, meaning that they can act together (jointly) or alone (severally), so that if one does lose capacity or were to die, the other attorney can continue to act.

As others have said, whether they would want to appoint each other, or just you (or someone else) is completely up to them (individually) and what they feel comfortable with. However, it dose certainly make sense to appoint two (or more) where this is possible.

Ms_Chocaholic

"jointly and severally" is the option you need to choose, that way if the spouse loses mental capacity then the other attorneys can act alone.

tadpoleuk

Thank you all.