Epa's.

[sire]

My wife & I are looking at taking out Enduring Powers of Attorney for each other. That isn't the problem. What I would like to know is if either of us feels we can no longer be responsible for the other, could the EPA be passed on to our son or daughter by the person with the responsibility?

[murraymints]

yes..a variation of POA can be arranged..

[gingejbee]

EPA's are no longer....replaced by Lasting Power of Attorney and your son or daughter would need to be named
as replacement attorney on the original application.....it's not transferrable without their appearing on the original application.

[murraymints]

https://info.legalzoom.com/transfer-power-attorney-20344.html

see the link

[gingejbee]

....I'm assuming the OP refers to processes in England and Wales (Scotland may be different) rather than in the U.S.....

[gingejbee]

Further info can be found on page 18 of the Office of the Public Guardian's information/guide LP12....

"Without replacements: if you have only one attorney and that attorney can no longer act for you, your LPA will no longer work".


It's worthwhile getting a copy of the guide I have mentioned BEFORE you start any work on an LPA.

[bhg481]

It's a while since my wife and I did our LPAs and I don't have access to them at the moment but I seem to remember we had each other, followed by our daughter and then by our grandsons. You can create them all at the start but they do not need to be active until you want them to be.
Incidentally, doing it yourself is easy - don't waste money on a solicitor.

[gingejbee]

Just to be clear...murraymints link is to a U.S. site and isn't relevant here!

[Milo2]

My husband and I have recently taken out a Lasting Power of Attorney and as stated earlier our two children are named on the document as replacements if either of us is unable to look after our financial affairs.

[gingejbee]

Anybody considering an LPA will find this official guide very useful...

https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney/lp12-make-and-register-your-lasting-power-of-attorney-a-guide-web-version