Having a Lasting Power of Attorney (LPA) in place gives you the security of knowing that someone will be able to deal with your affairs should you ever lose the ability to manage them yourself. However, if an attorney dies, it can cause a problem. In this blog we look at how to put contingency plans in place and what to do if a loved one is left without an attorney.
Everyone is advised to have an LPA in place. Should you become unable to make your own decisions, the attorney you have appointed will be able to step in and represent you.
There are two types of LPAs:
- Property and Financial Affairs LPA: This allows your attorney to manage your finances, including making investments, insuring and maintaining property, collecting benefits and pensions, and paying bills.
- Health and Welfare LPA: This allows your attorney to make decisions about your personal care, such as where you live, your daily routine, and what medical treatment you receive or refuse.
You can make either or both types of LPA depending on your needs.
Choosing an attorney
When you choose an attorney, you may want to consider someone younger than you so that there is a better chance that they will be willing and able to take on the role, should it ever be necessary. Managing someone else's affairs can be challenging, so it’s important to choose someone who has the time, ability, and willingness to take on this responsibility.
How to avoid being left without an attorney
If you appoint a single attorney, there is a risk that should something happen to them, you could be left without a representative. To prevent this, consider the following options:
Appoint multiple attorneys: you can appoint more than one attorney and allow them to act jointly and severally, meaning each attorney can make decisions independently. If one attorney dies, the others can continue to act on your behalf. However, if you appoint joint attorneys who must make all decisions together, the death of one attorney will leave the others unable to act, effectively leaving you without an attorney.
Name replacement attorneys: another option is to name a replacement attorney to step in if your attorney dies or is unable to act. This is particularly important if you are only appointing one attorney, or you do not want your joint attorneys to act independently. You can choose multiple replacements and specify the order in which they should be appointed.
What happens if an LPA attorney dies and no one else can act?
If an attorney under an LPA dies and there is no joint attorney able to act and no replacement attorney, then the individual will be left with no representative.
In such cases, family members can make an application to the Court of Protection for a deputyship order. A deputyship order grants someone the authority to make decisions on your behalf, but it’s generally more limited than an LPA. The process of obtaining a deputyship order is more complex, time-consuming, and expensive than setting up an LPA. It can take several months, and once granted, it requires ongoing supervision by the court, which includes annual supervision fees.
It is generally preferable to have an attorney wherever possible. It’s simpler, quicker, and allows you to have a direct conversation with your chosen representative about your preferences and values. This ensures that your wishes are respected and reduces the likelihood of disputes or misunderstandings.
Planning for the future by appointing multiple or replacement attorneys under an LPA can save your loved ones from unnecessary stress and ensure that your affairs are managed according to your wishes, even in the most difficult circumstances.
Contact us
If you or a friend/family member are looking to prepare a Lasting Power of Attorney, and would like to make an appointment to see one of our lawyers, please contact our enquiries team by email at privateclient@baker-law.co.uk or telephone 01252 733 770 and ask to speak to the Private Client team about Lasting Powers of Attorney. We will be happy to provide details of our fees and procedure, and arrange an appointment to meet to take instructions.
This blog is provided for informational purposes only and does not constitute legal advice. Readers are encouraged to consult with a qualified lawyer for personalised guidance tailored to their individual circumstances.
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