Power of Attorney if attorneys die?

[Rob2012]

Hi, my sister and I got EPA 'jointly and severally' nearly ten years ago for Mum who has Alzheimer's and now lives in a care home. She is thriving there, physically, and could carry on for a few years yet - and might even outlive my sister and me! What I am now wondering is what would happen if by misfortune we both have severe problems and neither I nor my sister were able to carry out the EPA duties, either through incapacity or death.

I assume EPAs are not 'inherited' by our children (although they are old and competent enough to be able to do it) but should my sister and I try to make some arrangement in our wills? Who would take over the EPA duties and what should we do to facilitate that?

Any ideas?

 

[nitram]

If your mother still has capacity she could revoke the existing power and make another with replacement attorneys added.

If she lacks capacity a COP deputy would have to be appointed if both you and your sister were unable or unwilling to act, one of your children could apply.

You can't do anything about dictating who would have responsibility for your mother's finances in your wills.

 

[Rob2012]

If your mother still has capacity she could revoke the existing power and make another with replacement attorneys added.

If she lacks capacity a COP deputy would have to be appointed if both you and your sister were unable or unwilling to act, one of your children could apply.

You can't do anything about dictating who would have responsibility for your mother's finances in your wills.

Thank you. No Mum doesn't have the capacity any longer. I guess the best we can do is leave some suggestions to our kids about who to contact, etc.