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Spending limits for single attorney when using joint and several decision making

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  • Spending limits for single attorney when using joint and several decision making

    I'm currently helping my stepmother make a Lasting Power of Attorney for property and financial matters and plan to use 3 attorneys. She would like to set it up so that day to day spending can be authorised by a single attorney without having to consult with the others ('joint and several') but have a clause, perhaps in the 'instructions' section, which says that spending of over (say) £10,000 requires a joint decision. Ideally, it should also cover sales of assets with a market value over this amount, and it would be worded so that it covered a single good or service (or package of associated goods or services) rather than just a payment amount so that it covered something that might have relatively low monthly payments or be split across several invoices, but actually committed her to a big total spend. Is this possible, and if so is there a standard or suggested wording? Or does the law simply limit you to joint and several decisions on everything or nothing? I would have thought that it must be something that quite a lot of people want to do in order to give a balance between easy day to day management of finances and protection against a big mistake or worse, but my Googling skills can't seem to come up with anything.
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  • #2


    If you look at the application form (LP1F) Section 3 gives advice about appointing attorneys to act jointly for some decisions, but jointly and severally for other decisions .https://www.gov.uk/government/public...er-of-attorney

    Part A3 of this guideincludes pointers: https://www.gov.uk/government/public...de-web-version

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    • #3
      Thanks, that's really helpful.

      Comment


      • #4
        The guidance you referred to says that if any of the original attorneys drop out, then decisions specified as 'joint' can no longer be taken unless there are one or more replacement attorneys. That would not be a problem in itself, but it further seems to suggest that the joint decisions can then only be made by the replacement attorney(s), i.e. not in conjunction with the remaining original attorney(s) - am I reading that correctly?

        Comment


        • #5
          The replacement attorney takes over from the original, and has exactly the same authority as the original

          I agree the guide could be misunderstood.
          If you are still uncertain contact the Office of Pulic Guardian. They are very helpful. https://www.gov.uk/government/organi...ublic-guardian

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