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There are a number of options that can be considered to address this problem:
Ÿ The donor can appoint more than one attorney, i.e. two or three named individuals who can be instructed to either act jointly, or independently. It would, for example, be possible to appoint more than one member of the religious community with whom the donor lives, or appoint both a family member and a member of the religious community. This latter option would ensure that family wishes were respected while at the same time ensuring that the obligations of the religious community were honoured. Careful thought must be given whenever the donor is considering appointing more than one attorney on a joint basis as the attorneys must make all decisions together. This can cause practical issues if one attorney is unable to act or in the event that one of the attorneys predeceases the donor. Appointing attorneys to act "jointly or independently" may be a more suitable option
Ÿ The donor can appoint substitute, or replace attorneys, so that if the rst named attorney loses capacity a back up can act. A number of members of the religious community could be named, in order of preference. However, it is only really practical to name two or three substitutes
Ÿ The donor could consider appointing family members or lay individuals, but then instructing that the wishes of the current provincial superior are to be taken into account (or at least provide that the of ceholder is to
be consulted)
WHEN CAN THE ATTORNEY ACT?
An attorney under a Property and Financial LPA can act when the donor does not have capacity and if authorised within the LPA document and if they have the donor’s consent, at times while they retain mental capacity.
An attorney appointed under a Health and Welfare LPA can only act once a person has lost capacity, therefore the donor retains the ability to make their own decisions until they are no longer able to make those decisions.
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