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Concerning Lpa

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davidk65 | 19:49 Wed 22nd Feb 2023 | Law
3 Answers
If I agree to act as an LPA and the later become ill and I unable to act in the best interest of the donor, what happens?
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If you lose the capacity to act as an attorney then . . . . . . if you were the sole atorney, the LPA will invalidate ; . . . if you were a joint attorney, the LPA will also invalidate, meaning that the other other attorney(s) won't be able to act either ; . . . if you were a joint and several attorney, the LPA will remain valid, with the other attorney(s) still being able to...
20:14 Wed 22nd Feb 2023
It sounds like someone is setting up an LPA and has asked you if you are willing to take on the responsibility. If this is the case there is the option to allow more than one responsible person who can act jointly or with a specified order of importance. I have set up my LPA defining my daughter as the prime candidate with my two grandsons to be joint first reserves.
If you lose the capacity to act as an attorney then . . .

. . . if you were the sole atorney, the LPA will invalidate ;

. . . if you were a joint attorney, the LPA will also invalidate, meaning that the other other attorney(s) won't be able to act either ;

. . . if you were a joint and several attorney, the LPA will remain valid, with the other attorney(s) still being able to act on behalf of the donor.
The difference is that with the joint attorneys, all must agree which is why it ends if one is not able to act.

With joint and several, any attorney can act independently.

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