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Just starting this lark of LPA.

happyhacker

Registered User
Aug 11, 2014
47
0
My wife and I are in our 70s and just getting round to LPAs. We have two children who we think to act as replacement Attorneys for each of us who will be each others main Attorney. Trouble is one works abroad and does not want to return to the UK and the other is thinking of moving to Canada. We need Finance and Care LPAs and think that these two should be named on both. That's the theory anyway. but who else is there apart from a solicitor to do the job (but presumably one would need to be involved in the making of the LPAs and so the cost).

If my wife is not capable I take over. Vice-Versa. If I then become incapable offspring need to come in. Or what?

It all seems so complicate. Especially educating the replacements as to their duties of even getting hold of them if they are far away.

Anyone's opinion and experience welcome. Many thanks.
 

MartinWL

Registered User
Jun 12, 2020
547
0
I think you need to consider the practicalities here of a potential scenario in which neither you nor your wife were able to manage your finances etc and both children were abroad. Whilst the internet has made it possible to do a great deal from a distance it is still not going to be easy to do so from another country. I have both parents to look after under powers of attorney myself, so I know this can happen. I am in the UK however, and so are they!

It isn't necessary to use a solicitor to prepare an LPA, but some people do prefer to use one. It isn't all that difficult.

Are there any other younger family members available who don't plan on leaving the country? If there are and you think them suitable that would avoid the future need to pay a solicitor quite a lot for the service.

You can make a solicitor an attorney and restrict their power to a situation in which the other attorneys are deceased or unable to act. I have that situation, which presents some difficulty as thereis no definition of inability to act. My dad has dementia and I am certain could not cope with being attorney for my mum but has not lost capacity for all of his own decisions. You need to be able to do more than make decisions to be an attorney and he could not cope with the administration.

If there is nobody in the UK you wish to trust then perhaps a combination of the absent offspring and the legal eagle might work?
 

Bunpoots

Volunteer Host
Apr 1, 2016
5,073
0
Nottinghamshire
Hello @happyhacker

You can sort out lasting power of attorney online. You will need a certificate provider to sign that they believe you and your wife have capacity but this can be anyone who knows you well, it doesn’t have to be a solicitor - friend or neighbour who’s known you for at least two years will be fine.

When my dad set up his LPA he chose three people to act “jointly and severally “ which meant that, although it was me who was really doing all the work independently, the other two could step in if I was ill or incapacitated.
 

MartinWL

Registered User
Jun 12, 2020
547
0
Hello @happyhacker

You can sort out lasting power of attorney online. You will need a certificate provider to sign that they believe you and your wife have capacity but this can be anyone who knows you well, it doesn’t have to be a solicitor - friend or neighbour who’s known you for at least two years will be fine.

When my dad set up his LPA he chose three people to act “jointly and severally “ which meant that, although it was me who was really doing all the work independently, the other two could step in if I was ill or incapacitated.
That's all quite right, but I would add that this forum shows how difficult things can get when attorneys disagree. It seems common. All the joint and several attorneys have the same rights snd responsibilities unless the POA specifies otherwise. It may be best to spell out some sort of pecking order, e.g. A is my attorney, B steps in if A is dead or incapable, C steps in if neither A nor B can do it.
 

happyhacker

Registered User
Aug 11, 2014
47
0
Interesting, thanks. Presumably if a Solicitor is acting and the funds start to dry up (their fees helping this along!) then they have to do more work to apply for funding support (Donor in a Care Home). Can the Solicitor decine to be further involved if there is no money for their fee?
 

Shedrech

Volunteer Moderator
Dec 15, 2012
9,618
0
Yorkshire
@happyhacker
I think you would be wise to have a chat with a solicitor and ask them your questions .... we're not professionals and can only offer thoughts from our own experience
this may be of use