My clients are buying a property. H has lost capacity and has appointed his wife in an LPAPFA, replacement attorneys are their children on a joint and several basis. W has made a LPAPFA appointing the same children jointly and has restricted it at section 5 which means they can’t act as she still has capacity. W is to act for H and I have advised a trustee power of attorney so children can act for her. What do members advise if W loses capacity (which is possible as she has cancer)? Children could then act for her but presumably they can’t also act for H or have I misunderstood the law (even if just one of them)? I have advised W to make a new LPA appointing children jointly and severally so that one child can act for one parent and the other for the other parent (and with no s5 restriction) but this will take months to come through. Am I missing something obvious? Thank you.
I had this same situation on a Deputyship (both parties incapacitated) and the court of protection suggested that another trustee be appointed - we used one of the children’s spouses. I think you are right to call for 3 trustees in this situation.