Appointment of Replacement Attorney

Trusts Discussion
1

I have a client who prepared both types of LPoAs through another company.

Under the terms of both LPoAs he appoints his wife and daughter as Attorneys on a joint and several basis and his son as his sole Replacement Attorney.

His wife has now died and my question is, does the son now step in as Attorney to act with his sister, now that his mother has passed away, or does he only step in after both original Attorneys are unable to act?

The LPoAs are silent on this point, so I wondered what the default position was.

Martyn Dixon
Harold Bell Infields & Co

2

The law could be clearer but Section 4 of the Guide says:

Replacing an attorney who acts ‘jointly and severally’

If you appoint your attorneys to act jointly and severally, replacement attorneys usually step in if one original attorney can’t act for you anymore. The replacement attorneys and any remaining original attorneys can then make decisions ‘jointly and severally’.