POA

[NEESE201]

HI I am starting two POA (health and finance) for my husband who has early onset alzheimers
my solicitor has phoned and said that i should really have two POA maybe my sister and I - because we may in the future want to move - and our house in in joint names - i thought if I am the POA for my husband and we moved I could sign my half the then sign my husbands half if he was too unwell as i will have POA but he says i would sign my part and my sister would sign my husbands half - it doesnt seem right that my sister would then have the same rights as me for my husbands finance and health (i was having my sister as the POA if I died before my husband but doesnt seem right if I am still alive)

any advice may help thankyou Neese

 

[nitram]

You can't sign both for yourself and your husband on the same document, having two attorneys solves this problem, another way would be for you to sign on your behalf and have a trustee appointed to sign on behalf of your husband.

Having your sister as replacement attorney means that a carefully crafted clause limiting your sister's power to acting on behalf of your husband on the house sale can't be used whilst you are still an attorney.

 

[NEESE201]

You can't sign both for yourself and your husband on the same document, having two attorneys solves this problem, another way would be for you to sign on your behalf and have a trustee appointed to sign on behalf of your husband.

Having your sister as replacement attorney means that a carefully crafted clause limiting your sister's power to acting on behalf of your husband on the house sale can't be used whilst you are still an attorney.

 

[NEESE201]

HI Thankyou for your reply - the advice is a great help - Neese

 

[MartinWL]

Yes you can put in a restrictions clause that excludes your sister from making day to day decisions about your husband's financial affairs as long as you are able to do so, or however you want to limit it.

A caution here, though, in case you yourself can't cope one day. My mother made an EPA years ago that stated that I could only act if her husband, my father, was unable to. This has caused a few issues because inability to act is hard to prove. One building society refused to set up an account in her name on my instructions. ( I went elsewhere) My father has dementia and can sign things but is not able to do any administrative work. There's a grey area where a person is theoretically capable of doing something but actually chooses to watch TV instead! So if using a clause such as "unable to act" I suggest spelling out who is going to decide whether you are able to act or not.

 

[Shedrech]

hi @NEESE201
have a look at Section 4 here

LP12 Make and register your lasting power of attorney: a guide (web version)

www.gov.uk

I'd say your initial thoughts are fine .... have sister as a replacement Attorney .... and ask her to be Trustee for your husband should you in future sell the property

seems to me that having another Attorney as you might possibly sell the property at some unknown time in the future, is not necessary .... and adding in clauses can backfire ..... though usually it is advisable to have 2 Attorneys acting jointly and severally, for just in case ... if your husband doesn't wish to have your sister, is there another suitable member of the family eg an adult child? ... otherwise go with the original idea

 

[NEESE201]

hi @NEESE201
have a look at Section 4 here

LP12 Make and register your lasting power of attorney: a guide (web version)

www.gov.uk

I'd say your initial thoughts are fine .... have sister as a replacement Attorney .... and ask her to be Trustee for your husband should you in future sell the property

seems to me that having another Attorney as you might possibly sell the property at some unknown time in the future, is not necessary .... and adding in clauses can backfire ..... though usually it is advisable to have 2 Attorneys acting jointly and severally, for just in case ... if your husband doesn't wish to have your sister, is there another suitable member of the family eg an adult child? ... otherwise go with the original idea

Many thanks Neese