1. gina78

    gina78 Registered User

    Aug 26, 2013
    8
    Hello, Another question sorry. We want to have our son to have LPA for my husband in the event that I go first. Will that be OK while I am alive or should I get it and then name my son as secondary LPA? Any info on this issue appreciated.
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,486
    Female
    London
    Of course it's ok. The donor can choose whoever he wants as attorney.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    18,294
    Male
    North Manchester
    #3 nitram, Jan 26, 2016
    Last edited: Jan 26, 2016
    You can have you as 'attorney' and name your son as 'replacement attorney' to take over only if you cannot act, or you can have both you and your son acting as joint and several attorneys in which case either of you can act at any time.

    The guidance on the >>>online LPA Application<<< is very good and the OPG helpline 0300 456 0300 very helpful.
     
  4. Katrine

    Katrine Registered User

    Jan 20, 2011
    2,856
    England
    Here is a fact sheet:
    https://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=154

    You could choose to have joint and several powers with your son, or have him named as a replacement attorney, as nitram says.

    In my experience it is best to have belt and braces, and not risk a situation where someone has to apply for deputyship. My mum thought she had covered all eventualities but I still ended up having to apply to the Court of Protection because her arrangements failed. When I sought Guardianship of my mother I asked my OH to be joint Guardian, and our eldest son to be replacement Guardian, to cater for my incapacity or demise, or indeed that of both OH and myself.

    For my own LPA I have named OH and all 3 of our children with joint and several powers. In practice they probably wouldn't all want to get involved, but at least I haven't shut any of them out as my mother did with me, only to arrive at the situation where I was the only person willing and able to look after her affairs.
     

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