My son suffers from Asperger’s syndrome and anxiety problems making him quite severely mentally incapacitated. I am in the process of instigating a Mencap discretionary trust and rewriting will. This will allocate a share of my estate to the trust and the letter of wishes will involve his brother in decisions affecting him.
However, a worrying scenario is what happens when or if my wife and I, who currently care and support him, become incapacitated. We both have EPAs, appointing his brother as out attorney. In this scenario, we are concerned that our incapacity and care for his brother places an unfair onus on him.
Is it possible to replace the EPAs with LPAs appointing both my son and Mencap discretionary trust as attorneys to act jointly?