what kind of LPoa? L
I think most problems arise when people try to be "clever" and put in certain restrictions which are either unworkable or actually contrary to the laws governing lpa. Mind you something that comes up here fairly often is: what happens if you want to sell a home you own with the person you are attorney for. You have to get a trustee to act for the donor. That's down to the trustee act.
Hello Jennifer. I am not asking from the point of view of someone drawing up a Lasting Power Of Attorney but from the point of view of one of the named persons.
I have joint Lasting Power Of Attorney but anticipate some differences of opinion with the other person who may want to rely on the authority granted by POA even though may not cover the matter in question.
I was wondering if this situation was common and if people here had examples of decisions not covered by POA to allow me to forestall any problems with my other POA person.
You mention a situation where it is necessary to get a "trustee for the donor". I don't understand. Is the donor the person with dementia? Are you saying in that case it would be necessary to get a third party (perhaps a solicitor or would friend do) to act as trustee. Sorry if I am a bit confused! Can you explain it a bit more? Thank you.
What problem scenarios are you anticipating?
You mention a situation where it is necessary to get a "trustee for the donor". I don't understand. Is the donor the person with dementia? Are you saying in that case it would be necessary to get a third party (perhaps a solicitor or would friend do) to act as trustee. Sorry if I am a bit confused! Can you explain it a bit more? Thank you.
You indicated that you are joint attorneys. If this correct and all decisions have to be signed off on by both attorneys, then I'm not really seeing your concerns. Because neither of you can make unilateral decisions: there has to be agreement. If the other attorney says "X can't visit" then you can say "X can visit". Although I have to say, if it gets to this point you may be looking at an impossible situation which is likely to be referred to the COP.
If you are actually joint and several attorneys and with regard to your specific example: TBH if your mother states that X shouldn't visit, then X shouldn't visit. If the other attorney takes action to put this into effect, then he/she is actually acting as the granting of an LPA requires them to. Which is not to say that such a decision couldn't and shouldn't be revisited. If you feel that the attorney is acting in a high handed manner and against your mothers best interests while your first action should be to discuss this with the other attorney, you could then take it to the COP.
Is this other attorney a professional? A solicitor or similar? Because I think that most "professional" attorneys defer to the family about relationship issues unless it's clear that that is counterproductive.
"...is jointly and several best? just me for hospital?"
There is not an option of just you for hospital, the options are severally (either of you) and jointly (both of you acting together).
As the LPA has been signed it can't be changed, a new one would have to be written if you want details of how the attorneys should act to be changed.
What does the present one say in Section 3?
You indicated that you are joint attorneys. If this correct and all decisions have to be signed off on by both attorneys, then I'm not really seeing your concerns. Because neither of you can make unilateral decisions: there has to be agreement. If the other attorney says "X can't visit" then you can say "X can visit". Although I have to say, if it gets to this point you may be looking at an impossible situation which is likely to be referred to the COP.
If you are actually joint and several attorneys and with regard to your specific example: TBH if your mother states that X shouldn't visit, then X shouldn't visit. If the other attorney takes action to put this into effect, then he/she is actually acting as the granting of an LPA requires them to. Which is not to say that such a decision couldn't and shouldn't be revisited. If you feel that the attorney is acting in a high handed manner and against your mothers best interests while your first action should be to discuss this with the other attorney, you could then take it to the COP.
Is this other attorney a professional? A solicitor or similar? Because I think that most "professional" attorneys defer to the family about relationship issues unless it's clear that that is counterproductive.
We had this discussion on your own thread already. Yes, go for jointly and severally if you must have your sister as a co-attorney. But it's not really up to the solicitor to add someone "for fairness", it's up to the donor to decide. What does your Mum want?