• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

LPA replacement attourney

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • LPA replacement attourney

    I have had an LPA in place since 2016. My wife has power of attorney and I had my son and daughter as replacement attorneys. I am estranged from my son who has moved abroad and thought that I could avoid conflict in the future, if I am predeceased by my wife, by making a partial deed of revocation. However the paperwork has come back from the Office of PG saying :
    'The replacement attorney Mr ******* will no longer be able to use the LPA and we have told him this. As the replacement attorney appointment defaults to act jointly, the remaining replacement attorny will not be able to act under the LPA either.'
    Never saw that coming. Is the only solution a new LPA?
    TIA
    Tags: None

  • #2
    That seems to be the only solution. You will need therefore to pay a new registration fee for each LPA - property & finance and health & welfare.

    Are you aware that you can prepare your LPA yourself online? These things are not difficult. Do come back if you have any specific questions.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Originally posted by justanoldun View Post
      I have had an LPA in place since 2016. My wife has power of attorney and I had my son and daughter as replacement attorneys. I am estranged from my son who has moved abroad and thought that I could avoid conflict in the future, if I am predeceased by my wife, by making a partial deed of revocation. However the paperwork has come back from the Office of PG saying :
      'The replacement attorney Mr ******* will no longer be able to use the LPA and we have told him this. As the replacement attorney appointment defaults to act jointly, the remaining replacement attorny will not be able to act under the LPA either.'
      Never saw that coming. Is the only solution a new LPA?
      TIA
      Thanks for that. Yes I did the original online but was blindsided by the 'defaults to act jointly' bit. Still can't see why that is so.'

      Comment


      • #4
        Please read Section 4 of Form LP1F

        If more than one replacement attorney is nominated, and if they are required, they will all step in at once. If they fully replace your original attorney(s) at once, they will usually act jointly (the default position)

        If you decide to put a new LPA in place, you should carefully consider naming attorneys that must act jointly, or may act jointly and severally

        Nominating more than one replacement attorney appears to have its disadvantages

        Comment


        • #5
          Yes I see that but - in section4 - when and how replacement attorneys can act I selected : I want to change when or how my attorneys can act and filled in continuation sheet 2 with - to act jointly or sevrally. It seems that I should have signed that sheet on or before section 9. Unfortunately I signed section 9 a day later so it is marked as invalid! That is why it defaulted to Jointly.

          Comment


          • #6
            No, you should have signed Section 9 and any continuation sheets before the attorneys and replacement attorneys signed

            IMO ​​​the OPG should have spotted the discrepancy in the signature dates before registering the form and banking the fee. Try phoning the helpline

            Comment


            • #7
              Yes I'll try that though its 9 years ago I put it in to them.
              Thanks

              Comment


              • #8
                It's a long form to have to complete again, not to mention obtaining witness and attorneys signatures for a second time.
                Have an excuse ready why the form was not signed in the correct order and ask why the dates weren't checked and the error queried by OPG staff at the time the form was submitted

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                Working...
                X