Hello everyone
My client is adamant that he wants to appoint his replacement attorneys (children) jointly for everything BUT only while they are both alive and able to act… i.e. he wants to get around the rule that the whole appointment fails if either one of the attorneys jointly appointed either dies or is unable to act.
I’ve explained that this isn’t possible but said that I’d just raise the question here to make doubly sure.
Is there any way around this at all?
Many thanks
Deborah Wise
One possible idea:-
Create LPA 1 with x primary attorneys and children replacement attorneys appointed Jointly. Register LPA 1.
Create LPA 2 with children appointed as Primary Attorneys J&S’ly. Don’t register.
Create Letter of Wishes explaining his wishes (presumably if one child has died he would want the other to be able to carry on). Only register LPA 2 when LoW states.
He stands the risk of LPA 2 being registered before his wishes.
Leslie Emilie Tuck
Mewies Solicitors
A first thought. Is there not a risk that it would be held that the execution of LPA2 (whether or not registered) was by necessary implication a revocation of LPA1?
Clifford Payton
Alpha Court Chambers
Yes you can do this, you just need to state:
In the event that my original attorneys shall be unable to act due to the occurrence of an event set out in section 13(6)(a) to (d) of the Mental Capacity Act 2005 which has the effect of terminating that appointment my replacement attorneys shall step in to act jointly
In the event that one of my replacement attorneys becomes unable to act due to the occurrence of an event as set out in section 13(6)(a)to(d)of the Mental Capacity Act 2005 which has the effect of terminating that appointment then my remaining two replacement attorneys shall continue to act jointly
In the event that two of my replacement attorneys become unable to act due to the occurrence of an event as set out in section 13(6)(a) to (d) of the Mental Capacity Act 2005 which has the effect of terminating that appointment leaving only one remaining replacement attorney capable of acting then I expressly reappoint that attorney to act alone
Maria Goodacre
Bells Solicitors Ltd