Giving spouse LPA

[building2016]

I'm considering giving my (very much trusted) husband lasting power of attorney (financial and health). I am only middle aged but if I was to, say, end up in a coma in am accident I don't want there to be endless legal troubles if he needed to access my bank account or sell the house to pay for care or something.

I don't know whether to appoint a back up in case we both become incapable though. Maybe the person who is our executor (a good, trusted friend and very savvy).

Don't feel like I can ask this of my mum or siblings for various reasons,one being that my brother would be the children's guardian so would have enough on his plate.

Just musing really and wondering whether anyone else has done this at a young age.

[Mumblechum0]

I make lots of LPAs for people as young as 25 plus, so it's not that unusual! Sometimes, sadly, people lose their capacity well before they're old, for example in accidents/strokes/etc. Many of my younger LPA client are doctors, interestingly.

I would recommend that you appoint a Replacement Attorney who would step in if your husband dies before you, or for whatever reason is unable or unwilling to act.

The person you mention as being your executor sounds like a good bet. Acting as an Attorney or Replacement Attorney is a big responsibility and you should only appoint someone who is totally trustworthy and also quite organised. They will need to keep scrupulous financial records as the OPG can and do make spot checks from time to time.

[building2016]

Ah, thanks mumblechum! Good to know we are not alone in thinking about this stuff in advance.

Friend is an accountant / financial educator so definitely useful in that regard.

One thing that makes me feel better about the whole thing is knowing that doctors would be advising anyone in this position. Beth on the loss of capacity issue and then anyone who had an awful decision to make on health and welfare. You wouldn't be just left alone with the decision, iyswim.

[Mumblechum0]

Exactly. If you do make LPAs for Health & Welfare, you can be really quite specific about what life sustaining treatment you wish the attorneys to consent or withhold consent to.

Let me know if you get stuck, I'll happily advise.