POA and replacement attorneys if one joint attorney dies - is there a way round this?

Discussion in 'Legal and financial issues' started by Clare39, Feb 22, 2015.

  1. Clare39

    Clare39 Registered User

    Jul 24, 2014
    3
    London
    Hi. I wonder if anyone has sorted out this issue sensibly. My mother has dementia. My father, myself and my brother will be attorneys for her, and my brother and I for my father.

    We had thought to have attorneys and replacement attorneys, and have some decisions joint and some several, depending on importance. As far as I understand it though, if you have attorneys who have joint decision making power and one ceases to be an attorney, thro death etc the entire group of attorneys are nullified and the replacement attorneys take over completely.

    Is our best choice really to have no replacement attorneys, thereby leaving the remaining attorneys as joint attorneys in the case eg that my father dies? Or to have nothing as a joint decision so that any replacement becomes another equal voice?

    I have looked at all the guidance I can find inc Law Society and Alzheimer's Soc and Govt but while it states the fact it doesn't help work through the consequences. I will be trying to contact the Office of the Guardian this week too.

    Many thanks for any advice you have!
     
  2. Clare39

    Clare39 Registered User

    Jul 24, 2014
    3
    London
    Thanks very much Nitram for replying. The guidance confirms what I thought was the situation but I want to find a way by which if one joint attorney goes then the others can continue to make joint decisions, not be superseded by a replacement and taken out of the picture. Ah well maybe it is impossible but it does seem strange.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,021
    Male
    North Manchester
    Joint can only be all the attorneys originally appointed acting together as instructed by the donor.

    Why the insistence on joint, the donor should only choose attorneys that they trust.

    There is nothing to stop joint and several attorneys informally agreeing that they will act jointly in certain predefined cases, but this would not be legally binding - back to trust again.
     
  4. piph

    piph Registered User

    Feb 4, 2013
    1,530
    Northamptonshire
    As I understand it, if the original attorneys were given the power to act jointly and severally then only the attorney that has died is replaced by the first replacement, and the other/s continue. If the original attorneys were to act jointly only, then they will all be replaced as one cannot act alone.
     

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