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Lasting Power of Attorney: Why appointing more than one attorney is a good idea

Registering a lasting power of attorney (LPA) is a step in the right direction with regards to taking control of your future, for when illness, injury or age reduce your mental capacity to a stage where you are unable to manage your affairs by yourself.

However there are major decisions that need to be made within the process of creating your lasting power of attorney, for example whether you want to appoint one or multiple attorneys.

In this article we take a look at the advantages of having more than one attorney to act on your behalf, and how you can specify exactly how they work together to adhere to your needs.

For additional advice or assistance on creating your lasting power of attorney, contact the experts at Future Planning Solutions today by calling us now on 01282 695 400.

The advantages of having more than one attorney

There are many benefits that can arise from appointing multiple attorneys for your LPA, and also from appointing back up attorneys to step forward if for whatever reason your original attorneys drop out.

Firstly, if one of your attorneys decides that they no longer feel as though they can act as your attorney, you can be assured that there will be still somebody there to intervene and handle your affairs.

Furthermore, the important decisions that will be made will have multiple viewpoints from people you trust, rather than be made solely by an individual.

This added knowledge will ultimately result in the decisions which your attorneys make regarding to your affairs being better suited to your requirements.

Also, providing that you select attorneys that you know will work well together, by having more than one attorney the speed process of decision making can also be vastly enhanced.

Deciding how you want your attorneys to co-operate

If you make the decision to appoint more than one attorney to manage your affairs if mental capacity strikes, you need to disclose details on how you want these attorneys to act together.

This is important so that you can delegate powers to certain individuals of your choice, and the ways you can do this are as follows:

  • Working jointly together ‘ This option means that all your listed attorneys must agree on certain decisions. This option can be risky, as if certain attorneys do not get on or are away important decisions could be prolonged and you could be left without care.

If you choose this option and one of your attorneys dies and you do not have a replacement, your remaining attorneys all lose their power and no decisions regarding your affairs can be made.

  • Working jointly or individually ‘ This option is the most popular and means that your attorneys can make decisions as a group or alone. The attorneys can decide together whether a decision is major enough to consider all of their inputs, and if one attorney dies decisions can still be made by the remaining attorneys.

If attorneys disagree with any individual decisions they can forward their complaint to the Court of Protection which can be a very expensive and time consuming process for all involved.

You can read more on the Court of Protection by clicking here.

  • The Hybrid ‘ This option means you can select which decisions you want to be made jointly together, and which decisions you want to made jointly or individually.

This must be clearly listed in a hybrid box when registering your LPA, and decisions which you wish to be made jointly together still pose the same risks if one of your attorneys dies.

With each decision there are potential implications that can occur, whether your care or finances could be left frozen due to disputes between attorneys, or whether an attorney dies leaving vital decisions on your affairs left being unmade.

This is why it is vastly important that you appoint attorneys that you trust, and you know can work cohesively.

Contact the estate planning experts today

Our expert legal team can handle your lasting power of attorney, ensuring that if you ever lose your mental capacity you will take control by having people you trust to handle your affairs.

So take control today, by calling Future Planning solutions on 01282 695 400 now.

Or, alternatively if you can’t speak over the phone right now you can reach us online by answering a few quick questions on our online contact form.