POA Name changes

[Youngest]

Hi all.
Trying unsuccessfully (!!) to establish if POA (finance and welfare) can remain registered even if the names of the attorneys need to be changed. Basically existing 2 names to be removed and 2 new ones added. Have searched on line and can't find answer and would like to avoid too many solicitors fees just to get an answer. There is NO problem with people affected by the changes. IE) old/new attorneys and Mum happy for the change to take place. Any help or experience of such change would be grateful. Thanks x

 

[Katrine]

Attorneys cannot be substituted by new people, but the POA granted may allow for replacements; it depends on how it was drafted. If no provision was made for substitution, then the donor, your mum, must revoke the POA's and give new ones to other people. Alternatively, the current attorneys can resign and again new POAs will be needed.
https://www.gov.uk/power-of-attorney/cancel-or-end-a-lasting-power-of-attorney
This is for LPA. If it is EPA the donor must apply to the COP to revoke it.

If she has lost capacity, the new people apply to be Deputies (or Guardians in Scotland).

 

[nmintueo]

Trying unsuccessfully (!!) to establish if POA (finance and welfare) can remain registered even if the names of the attorneys need to be changed. Basically existing 2 names to be removed and 2 new ones added.

If you mean replacing the attorneys with different people, I don't think you can do that (unless the 'new' attorneys were originally named as additional attorneys or replacement attorneys). If the donor still has capacity, she can make a new attorneyship nominating anyone she wants.

If you mean the same people will be attorneys but their names have changed (e.g. by getting married or changing their names by deed poll), that shouldn't be a problem.

 

[Youngest]

Thanks so much for responding.
Ok, its def for LPA and Mum not lost capacity, although diagnosed with Vasc Dementia.
Only mention in current POA is for reserve.
2 exisiting POA's want out. Named reserve is willing to be new POA alongside a new name. All parties happy to proceed. Does this still sound like we need a brand new POA to be registered with old one ceasing to exist? Thanks again, this site is fab for help and makes things not seem so tough. Life tough enough with sibling rivalry !!

 

[nitram]

The two existing attorneys can relinquish their power which will mean that the replacement attorney becomes the only person who can act.

The only way to make it so that this person acts alongside another is for your Mum to revoke the LPA and make a new one.

 

[Katrine]

If the one reserve steps up they will be the sole attorney. Then if they can't do it for whatever reason someone else would have to be appointed as attorney if your mum still had capacity at that time. If she did not, there would be the expensive and time consuming deputyship process to go through, with on going administration.

Since your mum preferred the safety net of two attorneys and a reserve first time around, I think it would make sense for her to revoke the existing LPA and do a new one with the two proposed attorneys named, along with reserves. This keeps the door open for continuity of POA with less risk of problems should any of these new people drop out.

I have learned from my mother's situation that belt, braces, zips and Velcro are much to be preferred. A bit of extra foresight at the start could have saved me the hassles I am going through now. Solicitors retire, children move to the other side of the world, the house you built as old age proof is not adapted to dementia care and wheelchair use. The daughter you decided could not be trusted because she isn't a lawyer or an accountant ends up being the one who takes charge by default. Bitter, moi?

 

[Youngest]

Thank you both.
Think we will go with total new POA.
Katrine: Life isn't fair that we get made to feel bitter. Sorry situations sometimes xx