Can a POA see a will in the donor's lifetime?

vigman

As the title says, can someone named on an Enduring Power of Attorney, ask to see the donor's will in their lifetime? (In this instance when the donor has lost their mental capacity.)

Many thanks

Vigman

PS I know that this EPA must now be registered with the Court of Protection, following great links in another thread I posted on this forum!

getmore4less

Why would they need to?


Don't think they have any right to see it.

vigman

vigman wrote: »

I know that this EPA must now be registered with the Court of Protection, following great links in another thread I posted on this forum!

As the specific EPA has a clause saying that the power will continue even in loss of mental capacity, the Court of Protection says that "The court will not usually make an order or appoint a deputy if the person has already made an enduring or lasting power of attorney appointing someone to manage his or her financial affairs."

In this instance this EPA has only to be registered with the Office of the Public Guardian.

Vigman

vigman

getmore4less wrote: »

Why would they need to?


Don't think they have any right to see it.

1.) In this instance to see if they as one of the POAs is also an executor.

2.) We need to get this positively confirmed either way.

Thanks

Vigman

Mojisola

vigman wrote: »

As the title says, can someone named on an Enduring Power of Attorney, ask to see the donor's will in their lifetime? (In this instance when the donor has lost their mental capacity.)

I don't think having POA would entitle you to see the will but I don't know for sure.

My reasoning would be that POA lets you deal with the other person's matters while they are alive and the will only comes into effect after they die.

I wonder, though, if the POA needed to start selling possessions in order to fund care, would he/she be entitled to see the will before deciding what items to sell? If specific items were left to named people in the will, should the POA try to keep those items and sell others?

getmore4less

vigman wrote: »

1.) In this instance to see if they as one of the POAs is also an executor.

2.) We need to get this positively confirmed either way.

Thanks

Vigman

Why?

It should make no difference to their actions as POA which is totaly seperate to the role as executor.

vigman

Mojisola wrote: »

SNIP

I wonder, though, if the POA needed to start selling possessions in order to fund care, would he/she be entitled to see the will before deciding what items to sell? If specific items were left to named people in the will, should the POA try to keep those items and sell others?

This is the situation in this case!

Vigman

vigman

As the POA effectively is the donor (the person they represent) should they not be able to see 'their own' will?

I would just like to know the legal answer to this question, one way or the other, please, if any knows or has similar experience.

Vigman

Errata

I think you will find the short answer is no. A will does not come into effect until the willwriter dies, so until that happens it has no legal standing which means there is nothing in it that can have an effect or impact on the duties of the Attorney.
However ...... remembering your previous thread: if the Attorney believes it is in the Appointees best interests to liquidate part, or all of the estate, then either let them get on with it or formally complain that what the Attorney is doing, or wishes to do, is not in the Appointees best interests and they are failing in their legal duty.

getmore4less

Mojisola wrote: »

I wonder, though, if the POA needed to start selling possessions in order to fund care, would he/she be entitled to see the will before deciding what items to sell? If specific items were left to named people in the will, should the POA try to keep those items and sell others?

Leaving a different benifitiary class with a reduced inheritance.

POA is to act in the best interest of the person not the hiers,

Just because they wanted something done at one time does not mean it is till in the best interests of the person.

Probably better off not knowing so there can be no claim against those with POA

Mojisola

getmore4less wrote: »

Leaving a different benifitiary class with a reduced inheritance.

POA is to act in the best interest of the person not the hiers,

Just because they wanted something done at one time does not mean it is till in the best interests of the person.

Probably better off not knowing so there can be no claim against those with POA

That's difficult - thinking that, as POA, you know better than the person you're acting for.

When I have to make decisions for my Dad, I try to make the decision that I think he would make if he was still competent. Luckily, all of us know what's in Dad's will and I know his thinking at the time he made it.

If he had wanted particular items to go to relatives or friends, I think I would feel obligated to try to preserve those legacies.

Does anyone know of a legal precedence for a POA being given access to a will?