My client is an attorney under a Financial Affairs LPA registered in 2014 but another family member (who my client fears is acting contrary to the interests of the donor) has claimed that she holds an LPA as well.
The family are sketchy on detail so it is possible that this is a ruse but also possible that the other family member has persuaded the donor to grant her an LPA or an EPA pre-2007 (both presumably unregistered) which was simply forgotten when she made the one in favour of my client. I doubt the relation is just holding a health & welfare LPA.
It appears that only express revocation is effective and so, in theory, there can be two valid LPA/EPAs appointing different attorneys and operating independently of each other.
The donor has only recently lost capacity but I assume the OPG would have notified all parties if the relation had (or in future) sought to register another EPA/LPA.
Is anybody aware of any OPG practice around this? Would they perhaps refer a second registration application to the Court for a ruling on which should be in force or simply register both? Having two would certainly make life difficult - particularly if both tried to file them with banks.