Client has a Lasting Power of Attorney which appoints 3 attorneys. The page confirming how the attorneys are to act i.e. jointly & severally or jointly has not been completed. The Lasting Power of Attorney has been registered. Is there a default position regarding whether the attorneys can act jointly & severally or jointly in such circumstances?
The default position is that the attorneys act jointly.
Thank you Joyce.
What is the authority for the default position? I can’t see anything on the OPG guidance.
Mental Capacity Act 2005 s10(5) states that if the document does not specify whether attorneys are appointed jointly or jointly & severally, they are assumed to be appointed jointly.
Alison Elwess
Adie Pepperdine
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Jointly - I once submitted LPA’s with 1 attorney and 2 reserves. OPG registered the LPA’s then wrote to me telling me if one reserve died the other couldn’t act because the default position was jointly. To create reserves ‘jointly and severely’ you need to tick a box and trigger a continuation sheet. I didn’t - and it cost me full reregistration fees x4 !! I only made that mistake once!!!
I wish OPG has written to me BEFORE they registered them 
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Yes, I found out the default rule the hard way too!