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Losing a joint attorney

Joint EPA

Registered User
Mar 19, 2015
2
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

Registered User
Apr 6, 2011
19,726
North Manchester
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

Registered User
Mar 3, 2015
25
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

Registered User
Jun 27, 2006
39,448
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.
 

Lizziemint

Registered User
Aug 5, 2013
3
Gloucestershire
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

Registered User
Apr 6, 2011
19,726
North Manchester
"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'
 

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