When someone dies in the UK, the lasting power of attorney (LPA) they had in place ends. An LPA is a legal document that allows someone to appoint another person, or people, to make decisions on their behalf. It is important to understand what happens to the LPA when the donor dies, so that the appointed attorney(s) can take the necessary steps to ensure the wishes of the donor are respected.
When a donor dies, the attorney(s) must immediately inform the Office of the Public Guardian (OPG) of the death. This must be done as soon as possible, as the attorney(s) are no longer legally allowed to act on behalf of the donor. The OPG will then cancel the LPA and inform any relevant organisations or individuals.
The attorney(s) must also inform the donor’s bank, building society, or other financial institutions that the donor has died. This will allow them to freeze the donor’s accounts and prevent any further transactions. The attorney(s) should also inform any organisations or individuals who may have been relying on the LPA for decision-making.
The attorney(s) must also take steps to ensure that the donor’s wishes are respected. This includes informing the executor of the donor’s will, if there is one, and ensuring that any assets or property that the donor owned are dealt with in accordance with their wishes.
It is important to note that the attorney(s) are not responsible for the administration of the donor’s estate. This is the responsibility of the executor of the will, or if there is no will, the administrator of the estate. The attorney(s) should, however, provide the executor or administrator with any information they need to help them administer the estate.
In conclusion, when someone dies in the UK, the lasting power of attorney (LPA) they had in place ends. The attorney(s) must inform the Office of the Public Guardian (OPG) of the death, and take steps to ensure that the donor’s wishes are respected. They must also inform the donor’s bank, building society, or other financial institutions, and any organisations or individuals who may have been relying on the LPA for decision-making. The attorney(s) are not responsible for the administration of the donor’s estate, but should provide the executor or administrator with any information they need to help them administer the estate.
