LPA certificate provider

I do not get on well with my parent’s accountant. He and his wife have been friends for over 20 years but we seem to rub each other up the wrong way. My mother has recently asked me to be a Lasting power of attorney as I have grown older, she would prefer the Attorney was me not a professional.

I noted she has an old power of attorney with my father and the accountant as Attorneys but under the section of certificate provider the accountant’s daughter who works for him is the certificate provider, which is firmly against the rules.

LPAs are a blessing for some but a curse for others. This forum is too impersonal for you to obtain the bespoke advice you need.

You need to find a private client practitioner who has had specific experience of dealing with these things where the attorneys have misbehaved. This sadly involves kissing a few frogs before you identify a Prince, asking about relevant experience and being prepared to filter any sales patter.
A brief interview may well be offered without charge but a person of calibre will charge and the only consolation is that they will do their best to be candid about the likely cost. You seem to have your mother on side which is of importance as no maker of an LPA or a Will is obliged to reveal its existence or contents. Often the family has to wait until it has all hit the fan.

Jack Harper

Given that your mother no longer wishes to use a professional attorney, a simpler solution than querying the validity of the old LPA might be for her to simply revoke it. Assuming there are no issues with capacity, your mother can do that using the process described on the gov.uk website here: Make, register or end a lasting power of attorney: End your lasting power of attorney - GOV.UK .

I would suggest any new LPA be put in place in good time, particularly if the old one is being cancelled, to minimise any period of time where no valid LPA exists.

As the previous reply notes, it would be sensible for your mother to take professional advice tailored to her circumstances, particularly if there is any risk of these changes being challenged.