Lasting Power of Attorney problem

Discussion in 'Legal and financial issues' started by Hugh123, Aug 5, 2018.

  1. Hugh123

    Hugh123 New member

    Aug 5, 2018
    3
    Hello,

    Please can anybody help with our family dilemma.

    My Dad is 89 years old and has Alzheimer’s which is getting worse by the day.

    My concern is that my Step Mother, aged 88, has taken out a Lasting Power of Attorney for him, She did this with the guidance of her daughter who refuses to talk to us, for reasons we cannot fathom.

    My sister & I didn’t know they were doing this, so we could not object at the time, now the LPA has been registered and our Step Mother is the only Attorney.

    I’m worried if my Step Mother passes away first we will have no Power of Attorney for our Dad and therefore unable to make any decisions for him either health wise or in financial matters.

    I’m at a loss how this can even be allowed to happen, given that my sister and I are his closest blood relatives and in constant contact with him. We feel we need to change this and would like to be added as Attorney’s, so we can all act jointly in Dad’s best interest.

    Well that’s the situation. Has anybody had a similar experience, and if so, how would you suggest we get this put right?

    Regards,
    Hugh
     
  2. try again

    try again Registered User

    Jun 21, 2018
    97
    I think you can just do a new one as long as your dad is still capable and agrees
     
  3. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,240
    Kent
    If your dad still has mental capacity to understand why not talk to your step mum and dad together and explain your concern as you have done in your post.
     
  4. Beate

    Beate Registered User

    May 21, 2014
    10,353
    Female
    London
    Legally it's up to the donor, your Dad, to deal with the situation. He appoints the attorney(s) and he's the only one who could revoke this one and start a new one. There is no such thing as adding anyone to an existing LPA.

    Legally your Stepmum has done nothing wrong. There is no age limit, and one attorney is legally considered sufficient, plus there is no obligation to let specific people know. Of course it makes a lot of sense to have replacement attorneys whichever age you are, because we could all be run over by a bus tomorrow. However, it's too late now to amend the existing one, and only if your Dad had sufficient mental capacity could he revoke it and make a new one. I fear however that a 89 year old PWD being told one thing by his wife and another by his children might just get confused and do nothing - and you cannot really influence him in this.
     
  5. karaokePete

    karaokePete Volunteer Host

    Jul 23, 2017
    2,326
    Male
    N Ireland
    Hello @Hugh123, welcome to TP. I hope you find this to be a friendly, informative and supportive place.

    If your Dad no longer has capacity or doesn't want to change arrangements and your Step Mother passes away first you will need to apply to the Court of Protection to become your Dad's deputy. Unfortunately this can be a time consuming and expensive option.

    You may wish to have a read at the AS Factsheet about the whole issue of LPOA and you can find it by following this link https://www.alzheimers.org.uk/sites...loads/factsheet_lasting_power_of_attorney.pdf
     
  6. Hugh123

    Hugh123 New member

    Aug 5, 2018
    3
    Hi,
    Many thanks to all the members who've replied to me, as I explained in my first post the only Attorney on our Dads LPA is our Step Mother.

    Relations with our step mother and her family have broken down. My sister & I would like to revoke the existing LPA and make a new one with 3 Attorneys including; our step mother, my sister and myself. Sadly our Dads Alzeimers is slowly getting worse, he is confused and pressurised, our step mother is also his carer and he doesn't want to upset her as she looks after him.

    Unfortunately my step mother is refusing to give us the original LPA which needs returning to the Friends of the Guardians.

    My question is: To revoke the LPA you need to return the original LPA with the "revoke" form, however what can we do if our step mother refuses to give it to us?
     
  7. canary

    canary Registered User

    Feb 25, 2014
    6,668
    Female
    South coast
    With respect, it is not up to you to revoke the LPA.
    As your step mother is your dads carer, she is the one who will need the POA for all the day to day activities.
    If she revoked the POA and your dad was unwilling or unable to sign a new one then (as has previously been mentioned) the Court of Protection will need to be asked to make a judgement to appoint a deputy. This can take several months and cause considerable hardship to your dad and step mother and the outcome may be that none of you is appointed deputy, but a solicitor instead. It could turn into a long drawn out and expensive option.

    I can see that you want to be involved in your dads care and would feel left out, but I think it would be best to let it lie and only worry about the POA if your step-mother unfortunately passed away first.
     
  8. Beate

    Beate Registered User

    May 21, 2014
    10,353
    Female
    London
    #8 Beate, Aug 12, 2018
    Last edited: Aug 12, 2018
    This POA is your father's decision and he signed it. Why should your Stepmum hand over a perfectly legal POA and risk her attorneyship being taken from her if Dad, who by your own admission is more confused by the day, might not be able to sign a new one? If relationships have broken down, how can she be sure you're not going to create a new one that leaves her out entirely? Sorry, but if I was her, I wouldn't hand it over either. You're saying Dad is pressurised and I hope you realise you'll be putting him under pressure too with all this. If you wanted POA, it might have been a good idea to discuss it with him prior to your Stepmum getting it done.
     
  9. Theresalwaystomorrow

    Theresalwaystomorrow Registered User

    Dec 23, 2017
    206
    Hi
    This is interesting reading as this has just happened in our family.
    I have poa, sisters wanted to do another one so they got a solicitor and there are 2 poa in place
    You do not have to evoke one power of attorney you can just add another one
    I think?
     
  10. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    6,325
    Yorkshire
    hi @Theresalwaystomorrow
    I have not heard of anyone having 2 separate LPAs in place, combining the Attorneys on each - if I were you I would be checking this with the OPG
     
  11. canary

    canary Registered User

    Feb 25, 2014
    6,668
    Female
    South coast
    Have both of the POAs been registered @Theresalwaystomorrow ?
    Until a POA has been registered it is meaningless
     
  12. Beate

    Beate Registered User

    May 21, 2014
    10,353
    Female
    London
    I'm pretty certain that you can't.
     
  13. Theresalwaystomorrow

    Theresalwaystomorrow Registered User

    Dec 23, 2017
    206
    Hi shedrech
    Yes I have checked there was 2 at last check I’m on one and sisters on another.
    Iv just sent another check request now it can take 10 days
    But last check was 6th July so I think it’s correct
     
  14. Theresalwaystomorrow

    Theresalwaystomorrow Registered User

    Dec 23, 2017
    206
    Hi canary
    Yes both been registered
    But you are doubting me so we will see
     
  15. Theresalwaystomorrow

    Theresalwaystomorrow Registered User

    Dec 23, 2017
    206
    Yes just checked email again for OPG
    2 separate poa in place both registered so you do not have to evoke poa to add another
     
  16. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    6,325
    Yorkshire
    hi @Theresalwaystomorrow
    is one for finance&property and the other for health&welfare ?
    forgive us for questioning this, but it goes against how I understood LPAs work so is worth clarifying
     
  17. Theresalwaystomorrow

    Theresalwaystomorrow Registered User

    Dec 23, 2017
    206
    Hi
    No both for finances
    Every day a school day :))
     
  18. nitram

    nitram Registered User

    Apr 6, 2011
    15,872
    Male
    North Manchester
  19. northumbrian_k

    northumbrian_k Registered User

    Mar 2, 2017
    366
    Male
    Newcastle
    #19 northumbrian_k, Aug 12, 2018
    Last edited: Aug 12, 2018
    I do not know the legal position but it does not seem sensible to have two Powers of Attorney with different attorneys covering the same person's financial affairs as this seems likely to lead to disagreement and even conflict. Attorneys must act in the Donor's best interests and I can't see how this could be the case if there were two, potentially 'rival' LPsA. But the fundamental point is that it is only the Donor who can revoke or grant Power of Attorney. They must both wish to do so and have the mental capacity. No family members or other potential attorneys can change Power of Attorney if the Donor does not want to.
     
  20. Theresalwaystomorrow

    Theresalwaystomorrow Registered User

    Dec 23, 2017
    206
    That can’t be right surely?
    Wouldn’t I have been notified if it’s not valid?
    Or would they still send me via email the certificates for pwd x 2 ?
    Looks like one of us is in for a surprise then ! Lol
     

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