LPA query

[Abouteffingtime]

My mum, dad and sister have asked me to have lpa for them all. Dsis has learning diffs and health issues. I have been asked if i want to do this alone or with my other sibling.

Im not sure what the best way forward is. Would appreciate any advice on this

Fwiw, parents would not be asking sibling to do it alone.

For me it came down to whether we would be able to manage everything without me and the other person falling out. I also considered whether they would have the same approach to decisions and would be able to cope with making hard health decisions if necessary. In the end I am the sole LPA holder.

Thank you. Thats actually really helpful.

I've got two adult children and I set up LPA's (both health and financial) four years ago when I was about to have a seven hour operation to remove a cancerous tumour.

I decided to only appoint one of of my children. I explained to both of them that the reason for this was that one lived locally and the other 100 miles away, therefore one was more likely to be able to see consultants etc. at short notice to advocate for me if necessary.

Both children were happy with my decision. I am sure that if there were any important decisions, they would discuss it with each other anyway, but at the end of the day, any decisions would fall to the one I appointed.

I did discuss with the appointed child what I would do myself in certain situations. For example, I would not want to have any treatment that would prolong my life if I was likely to be basically a vegetable. Some difficult conversations were had, but I am sure they would have acted in accordance with what I would have done myself.

Fortunately the operation went well and although still valid, the LPA's have never needed to be used.

I’m sole for my parents because they are both well (so also hold it for each other) but in the event of one of them deteriorating/dying we’ve set up 1 brother as reserve, other gets a pass because my parents baby him

Both of you should be attorneys, but the "jointly and severally option" should be selected, so that either of you can act as a sole attorney. There is then no problem you or your sibling predecease, or decide you don't want to do it. You also need to tick the box so that the financial one can be used immediately. Your sister may be a problem, will she understand and agree with the process? This may be the one time that I suggest getting a solicitor involved (only for her lpa's), it is very important that she is not being coerced into something she doesn't want.

I've been Attorney for 3 in the past. 2 solely and 1 jointly. It depends on how well you and any 'joint' person can work together and on the logistics of signing/actioning paperwork.

Is this for a Health LPA or a Financial LPA? Or both? My only suggestion is to ask them to discuss their wishes now as it may save heartache later on.

@SaraHoliday I don't think we would work well together. We get along fine now, but clashed a lot when I was younger (I am the youngest). Im not sure I would trust them financially and DM agrees with this sadly.

Re dsis, mum has control of finances and is a joint sugnatory on accounts etc. Dsis is able, just needs some additional support.

Its both health and finances.

@Abouteffingtime Just have you. It’s more problematic having two people trying to be named as account holders etc. With one person, you make the decisions but you can discuss them with others. Running savings accounts, dealing with utilities etc is easier when it’s one person.

Will your mum and dad also have LPA for each other? And yes to ‘jointly and severally’.

I have LPA for my mum and my siblings don’t. That works very well for us. I routinely dip in to sort out her finances and I’m very glad I don’t have to check every decision with my siblings.

I definitely wouldn't agree to being joint on Finance and Health LPAs then if I was you.

I have to say the one where I was joint, was far more hassle - especially with regard to the health decisions.

The Solicitor said to me that it's common that people disagree and some people, say if they are siblings, bring up something that happened years before.

You are working for the donor of the LpA. What’s in the attorneys personal life is immaterial. Certainly for finance.