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Losing a joint attorney

Discussion in 'Legal and financial issues' started by Joint EPA, Mar 19, 2015.

  1. Joint EPA

    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?
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,033
    Male
    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.
     
  3. TDA

    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
     
  4. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    That only works if the attorneys are joint and several.
     
  5. Joint EPA

    Joint EPA Registered User

    Mar 19, 2015
    2
    Thanks for those responses; I'll try for the deputyship and see if that succeeds.
     
  6. Lizziemint

    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.
     
  7. nitram

    nitram Registered User

    Apr 6, 2011
    19,033
    Male
    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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