Power Of Attorney

[Redhelen72]

If there is a joint power of attorney between siblings and there is a disagreement on if to action the POA - who decides?
Thanks

[davebro]

You can appoint just 1 attorney, or more than 1 attorney, to act:

"jointly" – they must always make decisions together
"jointly and severally" – they have to make some decisions together and some individually

[Redhelen72]

OK so we need to dig out the paperwork and see what it says - cheers

[bhg481]

From memory, you can also specify a batting order; in our case my wife and I are each other's first choice with our daughter after that. I think we also specified that our two grandsons follow her.

[Redhelen72]

thanks its my MIL - she put it in place and named her 2 sons on it - but they disagree with what course of action to take

[barry1010]

You can ask the Court of Protection to make the decision but this is a last resort where the attorneys really cannot come to a decision
https://www.gov.uk/oneoff-decision-personal-welfare

[bednobs]

from what you say about her, i doubt the M-i-l lacks capacity in the matter of driving though, so probably neither (if that's what you are referring to)

[Redhelen72]

It’s a whole load of things bednobs, we had a conversation with her yesterday and she was really confused couldn’t remember what we said 2 minutes before the all of a sudden very on the ball.
She keeps giving banking details to all that phone up and ask for it etc.

[bednobs]

it's trying to sort out though what is lack of capacity and what is just unwise decisions (which people are entitled to make i suppose)

[Redhelen72]

I know but when you leave written instructions taped on the wall by the phone telling her not to give out bank details and she goes ahead because’they asked’ you have to wonder!!

[bednobs]

is the poa enacted? People are still entitled to make their own decisions when they are able to even with an enacted poa in place

[Redhelen72]

I don’t think so, she put it all in place and it’s registered to kick in when she loses her mental ability whatever that neans

[bednobs]

then i suppose you need not worry atm, you may never need to use it, let alone disagree