Several power of attorney dispute

[Gosling]

Thanks all...really appreciate you sharing advice and stories. I don't feel so alone now and have some hope. I miss my Mum as she slowly declines and I want peace for her final years.

That is what this forum, and we are here for, so that you don't feel alone, but do feel supported.
The slow decline of a loved one is just horrible to witness, so please do always come here for a virtual hug and understanding.

 

[stevie green]

Thanks everyone for your support. I called the helpline and it got referred to the knowledge team to find out so I await a response. I sought legal advice from 3 other sources and it seems I cannot induce the estate agent or solicitor to keep me in the loop. I can object to the sale if I find out its happening but they don't need my signature to proceed. I can complain to the OPG but they could revoke the LPA (for us both). Or I can decide to market the property myself with a new estate agent and use a new solicitor. It all seems ridiculous.

I am minded to let my sister carry on in the hope that she and her husband will not take any funds from the sale but direct them first to Mum's care debt and future payments. If that doesn't happen I can complain to the OPG.

I warn you all against a joint and several LPA as when attorneys fall out it can become a nightmare!

 

[Kevinl]

Joint LPoA means either both or a majority of the holders have to agree on a decision, severally liable one can act alone, as far as I understand it.
Because of that someone once saiid, chose an uneven number of people an 3 it too many when it comes to making a decision. K

 

[nitram]

Joint LPoA means either both or a majority of the holders have to agree on a decision,

With 'joint' the action has to be taken by all attorneys.
There is only one power.

With 'joint and several' the action can be taken by more than one attorney or they can act individually.
There are several powers, one for each attorney.

 

[Kevinl]

With 'joint' the action has to be taken by all attorneys.
There is only one power.

With 'joint and several' the action can be taken by more than one attorney or they can act individually.
There are several powers, one for each attorney.

Scottish law or UK law, you.gov website says otherwise in England as I read it. K

 

[nitram]

Scottish law or UK law, you.gov website says otherwise in England as I read it. K

My reading of English law is based on

P4

https://assets.publishing.service.gov.uk/media/5a8202e440f0b6230269a5d0/LP1F-Create-and-register-your-lasting-power-of-attorney.pdf

Scotland does not have a form, each power is written by a solicitor so they may be able to include majority.