Does a Lasting Power of Attorney Expire on Death?
The lasting power of attorney (LPA) is a legal document that allows a person to appoint another individual or individuals to make decisions on their behalf. It is a way of ensuring that someone can still make decisions and act on behalf of the donor, even if they become incapacitated. But what happens when the donor dies? Does the LPA expire on death?
The answer is yes. The lasting power of attorney (LPA) ends when the donor dies. This means that the person or people appointed to act on behalf of the donor no longer have the legal authority to do so. Any decisions made after the donor’s death are not legally binding.
It is important to note that the LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Once the donor has passed away, the OPG must be notified. This can be done by the donor’s family or by the appointed attorney. The OPG will then cancel the LPA and the donor’s estate will be dealt with according to the wishes of the deceased.
It is important to note that the LPA does not automatically expire on death. If the donor has made provisions for the LPA to continue after their death, then it is possible for the attorney to continue to act on behalf of the deceased. This is known as a ‘continuing power of attorney’ and must be registered with the OPG before it can be used.
In conclusion, the lasting power of attorney (LPA) ends when the donor dies. It is important to notify the Office of the Public Guardian (OPG) of the donor’s death so that the LPA can be cancelled. If the donor has made provisions for the LPA to continue after their death, then it is possible for the attorney to continue to act on behalf of the deceased.
