POA and Parents

[Tilly13]

Hello
I'm looking for some advice.
Both my parents have advanced stage Dementia.
They along with myself , my husband and brother are named as Attorneys on each others POA.
With both my parents cognitive impairment they are unable to undertake the role of an Attorney.

Do I need to inform the Office of Public Guardian or as there are other Attorneys it isn't necessary?

Thank you

 

[nitram]

Do I need to inform the Office of Public Guardian or as there are other Attorneys it isn't necessary?

Not necessary unless power is joint (not joint and several) in which case it should be reported making power void, a COP deputy application will have to be made.

 

[Veritas]

Hello
I'm looking for some advice.
Both my parents have advanced stage Dementia.
They along with myself , my husband and brother are named as Attorneys on each others POA.
With both my parents cognitive impairment they are unable to undertake the role of an Attorney.

Do I need to inform the Office of Public Guardian or as there are other Attorneys it isn't necessary?

Thank you

Strictly speaking, you should inform the OPG that your parents aren't able to act as attorneys now - as there are other attorneys, this doesn't invalidate the LPA. You will have to send in the original documents, and they will come back to you suitably endorsed to make it clear that your parents are no longer able to act. I did this with my LPAs to bring in a named replacement attorney when it became clear that my husband couldn't possibly discharge the responsibility. Arguably if you don't have to bring in replacement attorneys there may not be a need to notify the OPG, but you could check by ringing them to ask for advice. I've found the call handlers very helpful in my dealings with them, and the waiting times for a call to be picked up aren't ridiculous.

 

[Kevinl]

The parents don't want to be the attorneys, the attorneys are tilly, her husband and brother are the attorneys for the parents, as nitram says it depends if it's held jointly or severally, it's not about replacing an attorney, were it to be the case that all 3 people mentioned are not the

 

[Kevinl]

The attorneys. Sorry signal dropped out.
K

 

[Tilly13]

Thank you for your helpful replies.
Yes ,the power is joint and several.

 

[Smithy123*]

Strictly speaking, you should inform the OPG that your parents aren't able to act as attorneys now - as there are other attorneys, this doesn't invalidate the LPA. You will have to send in the original documents, and they will come back to you suitably endorsed to make it clear that your parents are no longer able to act. I did this with my LPAs to bring in a named replacement attorney when it became clear that my husband couldn't possibly discharge the responsibility. Arguably if you don't have to bring in replacement attorneys there may not be a need to notify the OPG, but you could check by ringing them to ask for advice. I've found the call handlers very helpful in my dealings with them, and the waiting times for a call to be picked up aren't ridiculous.

Hi
I wonder if you can help me. We have a similar problem that both parents are struggling with capacity, mum late stages, dad early stages, but my dad has social poa for my mum, my sister only has financial poa for my mum, but we need to make social decisions for my mum, but my dad isn't really capable now and we can't legally?? Where do I go to to sort this???? Thank you

 

[Veritas]

Hi
I wonder if you can help me. We have a similar problem that both parents are struggling with capacity, mum late stages, dad early stages, but my dad has social poa for my mum, my sister only has financial poa for my mum, but we need to make social decisions for my mum, but my dad isn't really capable now and we can't legally?? Where do I go to to sort this???? Thank you

As your father is an attorney on your mother’s Health and Welfare LPA, and he no longer has capacity, you need to inform the OPG. If he is the only attorney and no successors have been identified, that means the LPA will be cancelled.

However, as next of kin, you do have some standing without a Health and Welfare LPA. If there is disagreement that can’t be resolved about what is in your mother’s best interests, there may be a need to appoint a Deputy through the Court of Protection.

Is there a Finance LPA for your father?