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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 780
Experience:  Expert
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I need to discuss possible change to PoA from a friend to me

Customer Question

I need to discuss possible change to PoA from a friend to me to cover my husband who now has Alzheimer's - or whether I can just be included. ta
Submitted: 17 days ago.
Category: Law
Expert:  MarianC replied 17 days ago.

Good afternoon, thank you for your question. So your friend already has Power of Attorney for your husband? Is this a Lasting Power of Attorney or an older type EPA?

Kind regards

Marian

Customer: replied 17 days ago.
Hello Marian. It is an LPA. We have no children or family and just took this out to cover during our trips abroad. We have a fairly detailed set of wills which I regularly update. But we are faced with a different set of circumstances now. ta
Customer: replied 17 days ago.
will stick with text for now thanks.
Expert:  MarianC replied 17 days ago.

Thank you, ***** ***** generates the telephone call prompt. So it is not possible to amend an existing LPA, the only thing you can do is to prepare a new LPA, either to exist alongside the one you have already or you can revoke the existing one and prepare a new one with both attorneys on the new one.

Do you mind telling me what has changed?

Customer: replied 17 days ago.
As I said, my husband now has Alzheimers.
Expert:  MarianC replied 17 days ago.

Thank you, I am sorry to hear this.

In this situation if your husband no longer has mental capacity then you cannot take the LPA route I'm afraid, the only course of action is for a Deputyship Order through the Court of Protection, the information is here

https://www.gov.uk/become-deputy/apply-deputy

this is quite a form filling exercise but a solicitor can make the application for you.

Marian

Customer: replied 17 days ago.
He is not gone yet and can still drive. I am trying to ensure I do not get trapped. So
- if I take an LPA for just me over him, does the LPA with my friend over him cause a problem
- or can I do a joint for both the friend and me over him
- or can I join my friend's LPA to keep things tidy?
Expert:  MarianC replied 16 days ago.

So, you can prepare a new one, if he still has sufficient capacity to do so, but if you do not revoke the current one then both you and your friend will be his attorneys with separate LPA's and authority to act.

You can do a new joint one and this can be in place along with the individual one. Or the current one can be revoked by your husband and the new joint one takes over.

You cannot join your friend's one, this cannot be amended I'm afraid.

Marian

Customer: replied 16 days ago.
Thank you, ***** ***** a separate one for me might just be the most sensible and 'economical' solution. At least I was on the right track. take care
Expert:  MarianC replied 16 days ago.

Thank you, ***** ***** know if you need any further assistance,