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Lasting power of attorney- help with wording

9 replies

Taswama · 28/01/2023 19:16

Trying to set up LPA for my mum (in her 70s).
She wants my dad as attorney with me and my brother stepping in when he is no longer able.
She wants us to be jointly and severally responsible with the big decisions (eg sale of house) to be made jointly but small ones (paying bills) severally.
Does anyone have any wording that would cover this?

OP posts:
silverclock222 · 28/01/2023 19:19

Use a lawyer or the www.gov.uk/power-of-attorney/make-lasting-power. Don't try to do it with randoms off the internet.

bilbodog · 28/01/2023 19:30

You go to to the government website where there are forms to fill in online or print off which have all the wording on them.

Taswama · 28/01/2023 19:33

I am using the government form!
Just trying to make the wording precise enough.It doesn't have exact wording just says you need to say in which instance it us joint and which several,

OP posts:
bilbodog · 28/01/2023 19:43

ive found this on-line. Sometimes it can be a pain if things need to be decided jointly such as selling a house as each person has to be contacted separately to give their decision. If your mother trusts you all to make the right decisions it might be easier to do severally instead. Might be a good idea to do your dad at the same time as they take a few months to come back from the office of the public guardian. Are you doing health and finance?

What is a ‘joint’ power of attorney?
With a joint lasting power of attorney, your attorneys can only act if they’re all in agreement. If there is paperwork to sign, they all need to sign it. If there’s a decision to make, they all have to agree.
Pros: This can be a good option if you don’t quite trust one of your attorneys to act wisely in all situations. It means that they can’t act without the other (hopefully more sensible) attorneys to balance them out.
Cons: In practice, having to make all decisions jointly can be a bit of a nightmare for your attorneys. Even simple errands, like paying a bill on your behalf, will need all attorneys to sign. If they don’t all live nearby, it can be a struggle for them to get anything done.

And if one of your attorneys quits or dies, the others can’t act: your replacement attorneys (if you have them) will have to step in. So, replacement attorneys are essential if you’re making a joint power of attorney in the UK.

Taswama · 28/01/2023 20:27

Thanks bilbo . Yes, we're trying to limit the joint to a very small number of instances such as selling the house. I think my mum trusts me and my sibling to make the right decision but for something big wants to make sure the other one gets a say.

OP posts:
Taswama · 28/01/2023 20:30

Yes we are doing both health and finance.
Want to do dad's too but he's less pragmatic than my mum so starting with her.

OP posts:
bilbodog · 28/01/2023 22:11

Good luck

JennyMule · 03/02/2023 21:38

In your OP you appear confused about the terminology. Attorneys appointed jointly must agree on and act together to enact a decision. Jointly and severally appointed attorneys may act together or separately. The forms do allow the donor to separate out decisions into those to be made jointly and those which are J&S. A lot of my clients divide up the "big" from the "day to day" matters as you are discussing.

Taswama · 03/02/2023 22:59

Thanks Jenny.
Yes we are trying to have

While my dad is still alive / has capacity he can make all decisions but me and my brother have poa to help out with admin if needed.

When my dad is no longer available, my brother and must agree on big decisions (eg sale of house) but can act individually for day to day stuff.

I'm not sure how to word it so that big decisions don't need joint agreement from all 3 of us from day one.

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