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JustAnswerKM, Solicitor
Category: Family Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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Should I give my sons Power of Attorney in case I become

Customer Question

Should I give my sons Power of Attorney in case I become unable to deal with my own affairs, and if so should it be joint or not?
Submitted: 2 years ago.
Category: Family Law
Expert:  JustAnswerKM replied 2 years ago.
Good eveningThank you for your message. I will do all I can to help.If you can entrust your sons with managing your financial affairs, then yes you should consider appointing them as Attorneys. You can also appoint them as Attorneys over your health and welfare decisions also. If you only want them to manage your affairs when you are incapable (both mentally and physically), you can place a restriction on the Power of Attorney document, allowing them to act only when you are incapable.It is not necessary to have 2 Attorneys (joint) but what is advisable is to have a replacement Attorney in case the original Attorney is unable to act for any reason whatsoever.There are advantages and disadvantages of having 2 Attorneys. You may want one Attorney to make certain decisions relevant to their skills. Ideally you would want them to be able to work well together which may be difficult especially if they are not aware of the scope of their responsibility. Always speak to them first before appointing them jointly. Some individuals appoint professionals such as Accountants or Solicitors especially for complex estates or simply because family or friends are unwilling or unable to take on the responsibility. Do bear in mind that professionals typically charge a fee for their services. I hope that helps.Best of luck, Kind regardsKrystel*Please rate my answer so I can be credited for it