- QUIZ on Lasting Powers of Attorneys
You have made Lasting Power of Attorney for Health (LPAH) and for Property (LPAP) appointing your 3 children as your attorneys to act jointly. You have not appointed replacement attorneys. One of your children has become bankrupt. Are your LPAs still valid?
- Yes, both LPAs are still valid
- My LPA for Health is valid but my LPA for Property is not
- No, both LPAs have become invalid
2 is Correct - An attorney's bankruptcy affects an LPA for Property and financial affairs, however it does not affect an LPA for Health and Personal Welfare. When appointed to act jointly -instead of jointly and severally- the failure of one appointment affects all other appointments. Therefore, in this example, the LPA will fail since no replacements attorneys have been appointed to step in and replace all the main attorneys.