A recent decision in the Court of Protection [Re Public Guardian’s Severance Applications [2023] EWCOP 24] has clarified what can and can’t be achieved when making a lasting power of attorney (LPA).
What you cannot do:
Appoint Bill and Ted jointly and severally, but then create a hierarchy – “if they disagree, Bill’s decision is final”
Appoint Bill and Ted jointly and severally, and then specify that “Bill is to make decisions about my business and Ted is to make decisions about my personal finances” – instead you should create 2 distinct LPAs, one for business and one for personal finance decisions.
Appoint Bill, Ted and Thelma jointly, but then create majority rule – “if they don’t all agree, then decisions can be made by a majority”
What you can do:
Give your LPA legs:
Appoint Bill and Ted as attorneys, with Thelma as replacement attorney and then Louise as further replacement attorney.
Best advice: Always consider seeking advice from a solicitor before making an LPA. Registration of LPAs at the Office of the Public Guardian is taking around 20 weeks. Getting it right from the outset can save time and money, and a good deal of frustration.