Enduring Power of Attorney: do we change to Lasting Power ?

[David1]

My Mum has mild dementia and is able to continue with day-to-day activities at the moment. She is taking Donepezil.

I live with my Mum, and the property belongs to Mum. In 2001, Mum signed the documents to set up an Enduring Power of Attorney with my father and sister as the attorneys. As I have ME/Chronic Fatigue I was not registered as an attorney.

I still have ME/CFS but am my Mum's main carer. My father died earlier this year, so my sister is the sole attorney now.

We are trying to decide whether to annul the EPA and set-up an LPA with my sister and myself as joint and several attorneys. This will cost us a lot in legal fees I believe. Our solicitor advises this route. However, my Mum's consultant - whose opinion we trust - suggested that the EPA is perfectly adequate.

My question is: should we retain the EPA (I totally trust my sister and any decisions in the future will be joint anyway, even if my sister is the sole attorney for legal purposes) or should we set-up an LPA instead. What are the pros and cons of each, given that I help to sort out Mum's bills, house repairs and day-to-day things already?

An additional factor is that Mum's EPA was set-up when she was totally healthy, whereas the LPA would be set-up now that she has a diagnosis of Alzheimer's. Could this be an important consideration?

Thanks in advance for your help and support.

[jenniferpa]

I have a few questions. Is the EPA registered? Were your father and sister appointed jointly and severally? What the solicitor specific about why an LPA would be a good idea?

My inclination would be to keep the existing EPA and possibly consider getting her to make an LPA for welfare if she is capable of doing so. If she isn't though, and even if she is, I'm of the opinion that as you live with your mother and you appear to have an excellent relationship with your sister, there is little to be gained from a practical point of view.

[Contrary Mary]

This is just a personal opinion, but should your sister become incapitated for whatever reason there wouldn't be any attorney, would there. I would be inclined to do an LPA if the donor still has capacity to get an extra attorney appointed.

[David1]

I have a few questions. Is the EPA registered? Were your father and sister appointed jointly and severally? What the solicitor specific about why an LPA would be a good idea?

My inclination would be to keep the existing EPA and possibly consider getting her to make an LPA for welfare if she is capable of doing so. If she isn't though, and even if she is, I'm of the opinion that as you live with your mother and you appear to have an excellent relationship with your sister, there is little to be gained from a practical point of view.

Thanks for the reply.

The EPA was not registered, and it was set-up as joint and several.

The solicitor suggested an LPA because I was living with Mum and it would enable us to function more effectively as a household regarding sorting out bills etc as and when they came.

Mum is capable of making an LPA, I think. I will check this with her medical consultant.

Thanks again.

[jenniferpa]

Contrary Mary has made a good point about the substitute attorney. Having said that though, that's the only reason I can think for you trying to arrange a financial LPA in place of the EPA - they function in essentially the same way.

Obviously if you want to be the attorney then that's not unreasonable.