Losing a joint attorney

[Joint EPA]

My brother and I have joint (not several) power of attorney under an EPA for our mother (who no longer has capacity, and is living in a care home).

He has received a diagnosis that makes it quite likely he may die before she does.

That would end the attorneyship. In that event, what could happen in terms of managing mum's money? Could I be made a deputy? Will the Court of Protection simply appoint some lawyer to take over and collect fat fees? What?

What would you do? Would you call a lawyer first? Call the OPG first?

My brother and I are also the nominated executors of our mother's will. What if he's not here then? What, if anything, should we do now?

 

[nitram]

You could apply to be appointed COP deputy, normally your brother would have to revoke his attorneyship before you could apply but ask the OPG/COP if you could apply now on the understanding that your brother would step down when the deputyship is approved, this would avoid a spell when nobody could act for your mother.

As far as the will is concerned you could carry on as sole executor if your brother predeceases your mother.

 

[TDA]

Hi, I had EPA jointly with my dad, for my Mum. He has recently passed away, so I have been told I am now just the only holder of the EPA - no problems

 

[jenniferpa]

Hi, I had EPA jointly with my dad, for my Mum. He has recently passed away, so I have been told I am now just the only holder of the EPA - no problems

That only works if the attorneys are joint and several.

 

[Joint EPA]

Thanks for those responses; I'll try for the deputyship and see if that succeeds.

 

[Lizziemint]

I and my three sisters have joint power of attorney for my mother. Since this was registered my eldest sister has died. I rang the OPG and told them. I was informed that this does not affect the POA and we continue as before. If we want to change it it means re-registering all over again.

 

[nitram]

"I and my three sisters have joint power of attorney for my mother. Since this was registered my eldest sister has died. I rang the OPG and told them. I was informed that this does not affect the POA "

The power must have been 'Joint and Several' not 'Joint'