Real life problems and their solution – uncivil siblings

Mrs T came in to see us regarding obtaining a Lasting Power of Attorney (LPA). She wanted to get both the Property and Financial LPA and the Health and Welfare LPA. She understood that one allowed the Attorney/s to deal with finances and her property and that the other allowed them to make decisions about her care and medical treatment.

She had 2 children. One lived locally and she saw her very regularly and the other lived about 200 miles away. She trusted both of her children completely and would have been happy for both to act as Attorneys if it weren’t for the fact that they do not get on. She was concerned they would not be able to agree when action needed to be taken but she was also concerned not to offend either of them or to show any sort of favouritism.

In discussion it transpired that one child lived locally and had to been informally assisting her with her finances for some time. The other was also helpful but lived further away and so was not available day to day.

LPA Attorneys can either act jointly or jointly and severally. Jointly is restrictive in that both have to agree on every decision. Jointly and severally means they can act together or separately. It was suggested that if they really could not work together in any capacity that one should be nominated as the Attorney and the other as a Replacement Attorney. The daughter who lived locally was the obvious choice for Attorney. If something happened to her so that she was no longer able to act, then her other daughter could act. The fact that she was still named on the paperwork as a Replacement Attorney was sometimes enough to give comfort and for the parties to still feel involved.

If you would like to talk about these issues or similar matters, please do call us on 01590 689500 or 01425 610078.