Where the initial attorney appointed is unable to act as attorney for any reason, then the backup attorneys may act by providing evidence (depending on the circumstances) that the initial attorney is unable to act.
In circumstances where:
1. The initial attorney is travelling, the backup attorneys will be able to act by providing a letter with the wording below, to serve as evidence to the relevant third party that the initial attorney is unable to act:
To whom it may concern
I will be travelling on [#insert dates] and will be unable to act as attorney under the enduring power of attorney for [#name of principal] during that period.
Alternatively, if the initial attorney is aware of specific action that will need to be taken under the enduring power of attorney while they are away, we recommend that they confirm the requirements with the relevant third party prior to leaving to ensure that third party will accept the backup attorney's authority under the enduring power of attorney.
2. The initial attorney has lost capacity, the backup attorneys may provide a certificate from the doctor confirming the situation to any relevant third party; and
3. The initial attorney dies, the backup attorneys may provide a copy of the death certificate to any relevant third party.
Our recommendation is that any third party be initially asked to confirm exact requirements in writing.
In recent times we have seen third parties (banks in particular) change their requirements on multiple occasions when these are not first confirmed in writing.
Once confirmation has been received, View can then suggest recommended next steps.