Planning for the future is essential, especially when it comes to managing your affairs if you’re unable to do so yourself. One crucial tool in this planning process is a Lasting Power of Attorney (LPA). While many people understand the importance of appointing attorneys, fewer consider the vital role of replacement attorneys. This guide will explore why replacement attorneys matter, how they work, and how to choose them wisely. Whether you’re creating your first LPA or reviewing an existing one, understanding replacement attorneys can help ensure your wishes are respected and your interests protected, no matter what the future holds.
Understanding Lasting Power of Attorney (LPA)
Before we dive into the specifics of replacement attorneys, let’s first understand what an LPA is. A Lasting Power of Attorney is a legal document that allows you (the “donor”) to appoint one or more people (your “attorneys”) to make decisions on your behalf if you become unable to do so yourself. This could be due to illness, injury, or loss of mental capacity.
Now, let’s explore the crucial role of replacement attorneys in your LPA.
What is a Replacement Attorney?
A replacement attorney is someone you choose to step in and take the place of one of your original attorneys if they can no longer act on your behalf. Think of them as your backup plan, ensuring your wishes are carried out even if something happens to your first-choice attorney.
Do I Need to Appoint Replacement Attorneys?
While appointing replacement attorneys is optional, it’s highly recommended. Here’s why:
1. Protection: Replacement attorneys help safeguard your LPA. If an original attorney can’t act, your LPA can still function.
2. Continuity: Without replacements, your LPA could become invalid if your only attorney can’t act.
3. Avoiding court involvement: If your LPA fails, someone would need to apply to the Court of Protection to act on your behalf – a process that can be time-consuming and expensive.
Consider this scenario: John appointed his wife as his sole attorney. Unfortunately, she developed dementia and could no longer manage his affairs. Without a replacement attorney, John’s family had to go through a lengthy court process to gain the authority to help him.
Who Can Be a Replacement Attorney?
The requirements for replacement attorneys are the same as for original attorneys:
– Must be 18 or over
– Must have mental capacity when you sign your LPA
– Cannot be on the Disclosure and Barring Service’s barred list (unless they’re a family member not receiving a fee)
– Cannot be both an original and a replacement attorney
When and How Do Replacement Attorneys Step In?
Replacement attorneys can only take over if an original attorney is permanently unable to act due to:
– Death
– Loss of mental capacity
– Choosing to stop acting as your attorney
– Bankruptcy or debt relief order (for financial LPAs)
– End of a marriage or civil partnership with you
It’s important to note that replacement attorneys can’t temporarily stand in for an original attorney who’s on holiday or briefly unavailable.
How Replacement Attorneys Work with Different Attorney Arrangements
Jointly and Severally Appointed Attorneys
If your original attorneys can act “jointly and severally” (make decisions independently), replacement attorneys typically step in when one original can no longer act. They then work alongside remaining original attorneys.
Jointly Appointed Attorneys
For attorneys appointed to act “jointly” (all decisions must be unanimous), having replacement attorneys is crucial. If one joint attorney can’t act, the entire LPA could fail without replacements.
Choosing Your Replacement Attorneys
When selecting replacement attorneys, consider:
1. Their trustworthiness and reliability
2. Their understanding of your wishes and values
3. Their ability to make potentially difficult decisions
4. Their relationship with your original attorneys
It’s generally advisable to appoint at least two replacement attorneys to ensure continuity.
FAQs
Q: Can I change my replacement attorneys after registering my LPA?
A: Once an LPA is registered, you can’t add or remove replacement attorneys. You’d need to create a new LPA.
Q: How many replacement attorneys should I appoint?
A: While there’s no set number, appointing at least two provides a safety net if one can’t act.
Q: Can a replacement attorney replace another replacement attorney?
A: No, replacement attorneys can only replace original attorneys.
Conclusion
Appointing replacement attorneys in your LPA is a wise decision that can save your loved ones time, stress, and money in the future. It ensures your affairs can be managed according to your wishes, even if your original choice of attorney can’t act.
Remember, creating an LPA is an important decision. If you’re unsure about any aspect, including the appointment of replacement attorneys, it’s always best to seek professional legal advice.
Need help creating your LPA or want to learn more? Contact us on 01865 507174 or at info@adewills.co.uk.
