Can a person have two sets of LPAs registered and active with the COP, and if they do, which takes precedence?

Law and practice Mental Capacity Act
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I have come across an unusual situation where it seems a person, detained under MHA, has two sets of registered LPAs (H&W / P&F), the first was registered 5 years ago and the second set, earlier this year, with a different appointee.
My query is, which is the legal set? I know the P&F one can be activated by choice before capacity is lost but the H&W needs a MCA to show lack of capacity. Of course, that could have been regained, so should set 1 have been deactivated when set 2 was activated? The appointees are completely different people. Or do the two sets of appointees just work together and all the LPAs stand (assuming they don’t contradict each other).

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Hi you can check which one is registered and running by completing a OPG100 form and submitting this to the OPG.

It may be that the earlier dated LPA’s have not been revoked, so it could be the case that both versions of both documents are running at the same time. The first set should have in theory have been revoked when the second was created but this can only be done using a deed of revocation to the Office of the Public Guardian. It would not have happened automatically when the second set was created.

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Thank you , it seems both sets are running at the same time.
Difficult if the first pair of appointees don’t agree with the later one.

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Hi Chris

It’s entirely possible for H&W and P&A powers of attorney to be granted separately (some people feel happy to trust one person or people with decisions about health and welfare, but not money, and vice versa). If they are both registered, then they are both in principle ‘live.’ In principle, the attorneys will have different areas of responsibility for decision-making, but there will obviously be bits where they will need to cooperate if the decision involves both aspects of the donor’s life.

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Thanks Alex,

The situation is that there are two H&W and 2 P&F LPAs. One pair registered about 5 years ago and the other early this year.
The older set has 2 appointees (solicitors) but these are not the same as the newer set, which have a different appointee (not a solicitor but the same person for both later LPAs) .

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Hi Chris, in this case, it may be worth contacting the OPG and leaving it in their hands to resolve who the correct appointees should be