The link infers that the OPG do not check for multiple applications.
< http://trustsdiscussionforum.co.uk/t/multiple-lpa-epas/2133 >
< http://trustsdiscussionforum.co.uk/t/multiple-lpa-epas/2133 >
Lasting Power of Attorney problem
- Thread starter Hugh123
- Start date
My opinion is that there should only ever be one LPA but people seem to get away with it because the OPG don't have proper checks in place, which I find worrisome.
However, to come back to the OP's issue, to try and sign another LPA without revoking the first still means getting access to the donor and getting him to do so against the resistance of the donor's wife, which, quite frankly, could be seen as coercion.
However, to come back to the OP's issue, to try and sign another LPA without revoking the first still means getting access to the donor and getting him to do so against the resistance of the donor's wife, which, quite frankly, could be seen as coercion.
Back to OP
Providing your dad has capacity and understands your reasons for being poa there’s no reason for you not to get a solicitor and go ahead.
I argued this point that it was coercion but providing he passsed a capacity test the solicitor went ahead.
I wasent happy with it at the time so I think a phone call is due.
Also on the day before pwd had a serious uti and the Doctor was going to admit him to hospital!!
Very interesting ummmm
Providing your dad has capacity and understands your reasons for being poa there’s no reason for you not to get a solicitor and go ahead.
I argued this point that it was coercion but providing he passsed a capacity test the solicitor went ahead.
I wasent happy with it at the time so I think a phone call is due.
Also on the day before pwd had a serious uti and the Doctor was going to admit him to hospital!!
Very interesting ummmm
Hi Canary,
Thanks for your reply, My concern is that my Dad & my Step Mum are both in there late 80's .
My Dads health is generally good, his Alzheimer's is at a point where he still knows and recognizes my sister and me its only his short term memory which is very bad.
Surely it would make sense to get the LPA changed now to 3 Attorneys whilst my Dad still has a limited mental capacity.
I fear if we leave my Step Mother as the only Attorney it could cause problems later, if she passed away first we've lost the opportunity to have POA for our Dad, as his mental capacity will only get worse.
Acting now may prevent the need to appoint a Deputy for our Dad in the future, I was thinking my Dad could revoke the existing LPA and start a new one with 3 Attorneys at the same time .
Thanks for your reply, My concern is that my Dad & my Step Mum are both in there late 80's .
My Dads health is generally good, his Alzheimer's is at a point where he still knows and recognizes my sister and me its only his short term memory which is very bad.
Surely it would make sense to get the LPA changed now to 3 Attorneys whilst my Dad still has a limited mental capacity.
I fear if we leave my Step Mother as the only Attorney it could cause problems later, if she passed away first we've lost the opportunity to have POA for our Dad, as his mental capacity will only get worse.
Acting now may prevent the need to appoint a Deputy for our Dad in the future, I was thinking my Dad could revoke the existing LPA and start a new one with 3 Attorneys at the same time .
Only your Dad can revoke the existing power, if Step Mother refuses to hand over the existing power he should inform the OPG.
Is your main worry that your Step Mother may predecease your Dad, or loose capacity before your Dad dies, meaning that somebody will have to apply for COP deputyship?
If so consider a new LPA with Step Mother as sole attorney and you and your sister as replacement attorneys who will take over if your Step Mother becomes unable to act.
You say relations have broken down with Step Mother, this could lead to contention when using the power with the 3 of you as attorneys. If this escalated to the point where the OPG became involved the COP might cancel the power and force a deputy to be appointed - maybe one from their panel.
Is your main worry that your Step Mother may predecease your Dad, or loose capacity before your Dad dies, meaning that somebody will have to apply for COP deputyship?
If so consider a new LPA with Step Mother as sole attorney and you and your sister as replacement attorneys who will take over if your Step Mother becomes unable to act.
You say relations have broken down with Step Mother, this could lead to contention when using the power with the 3 of you as attorneys. If this escalated to the point where the OPG became involved the COP might cancel the power and force a deputy to be appointed - maybe one from their panel.
Hi everyone
Update for OP query
I have just spoken with OPG, they have CONFIRMED you can have separate poa’s Running along side each other and this is not uncommon.
My poa is live and I am named to act singularly and 2 sisters have separate one where they are both named to act singularly or jointly.
No certicate over rides the other, we can all act together or individually.
If this is what the donor wants or agreed to then that is fine.
I appreciate it could cause issues but to make it easy for op and not to evoke 1st one then this is a way around it.
Hope this clarifies and helps everyone.
Update for OP query
I have just spoken with OPG, they have CONFIRMED you can have separate poa’s Running along side each other and this is not uncommon.
My poa is live and I am named to act singularly and 2 sisters have separate one where they are both named to act singularly or jointly.
No certicate over rides the other, we can all act together or individually.
If this is what the donor wants or agreed to then that is fine.
I appreciate it could cause issues but to make it easy for op and not to evoke 1st one then this is a way around it.
Hope this clarifies and helps everyone.
So if I am reading this correctly a donor essentially can have multiple LPAs with different attorneys on each and they could be several or joint? How will that work in practice? Sounds as though it could cause confusion and conflict
Yes I agree it could - however the main point is that a donor can have more than one poa that is what I was mainly confirming.
Regarding the OP, there was family conflict as it was in mine and I was only confirming that if Step mother didn’t want to agree to all 3 being on one poa, then as long as the donor wanted it they could set up another poa with their names on it.
Basically you don’t have to surrender one poa to do another as previously suggested.
Sooo providing the donor has full capacity they would not need step mothers authorisation .
Regarding the OP, there was family conflict as it was in mine and I was only confirming that if Step mother didn’t want to agree to all 3 being on one poa, then as long as the donor wanted it they could set up another poa with their names on it.
Basically you don’t have to surrender one poa to do another as previously suggested.
Sooo providing the donor has full capacity they would not need step mothers authorisation .
I understand that I was just wondering for instance how it would work if 2 finance LPA registered documents had different attorneys would a bank be obliged to accept both documents and attorneys and they then acted independently of each other without any consultation required? Just interested really as didn't know you could have more than one just thought one had to be revoked first
Yes you can act independently if that’s what poa says.
A registered poa is legal and banks will cooperate .
All family situations are different and like you say if we all played happy families then there would be no need for multiple poa but unfortunately it’s not like that so this is a way around it.
But you must be clear that the donor must have capacity
A registered poa is legal and banks will cooperate .
All family situations are different and like you say if we all played happy families then there would be no need for multiple poa but unfortunately it’s not like that so this is a way around it.
But you must be clear that the donor must have capacity
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Personally I would want that confirmed in writing. Not just via a phone conversation. Because the appropriate statute implies otherwise. So I'd want written documentation.
Personally I would want that confirmed in writing. Not just via a phone conversation. Because the appropriate statute implies otherwise. So I'd want written documentation.
I have written documation via email along with the certificate.
I can only tell you what I know and it may be what you don’t want to hear or even if it’s not ideal but all I’ve said from the beginning is that it is possible.
I can only tell you what I know and it may be what you don’t want to hear or even if it’s not ideal but all I’ve said from the beginning is that it is possible.
