Old Power of Attourney Documents - when to destroy?

gillybean129

As above, I have three old documents relating to three of my family members who have died.
My understanding is that the will then replaced this document.
I am clearing out old documentation, should I retain or destroy them?
TIA

Crabapple

You can destroy. They cease to have any effect once the donor has died. Technically they are not replaced by the will, but it does take effect from the death.

If you acted under them and someone might argue with you about what you did it might be worth keeping to show you had the relevant legal authority.

Yorkshireman99

Crabapple wrote: »

You can destroy. They cease to have any effect once the donor has died. Technically they are not replaced by the will, but it does take effect from the death.

If you acted under them and someone might argue with you about what you did it might be worth keeping to show you had the relevant legal authority.

The OP would be wise to retain them until there is no risk of anyone querying the use of it. Three years should be enough.

badmemory

I got rid of the POA documents a year after my mother's death, but I have kept copies of the financial transactions & the reasons for them & will probably keep them for about four years. Not really sure why I keep them as the only other person who might be concerned is my sister & whilst she was not an attorney (she was the back-up) I did naturally keep her informed every step of the way.

SevenOfNine

MiL's had been registeted so we sent it with a copy of the death cert to the Office of the Public Guardian as per instuctions & address here https://www.gov.uk/enduring-power-attorney-duties/stop

Was over a year later though, as we hadn't realised we were supposed to send it anywhere, did seem something of a pointless exercise.

gillybean129

I had no idea that you had to send them away after they had been registered, 2/3 of them were so I guess I had better send them on, one is almost a year and the other three years almost, wonder if there is a time limit?
No one said anything but then at times like that it's the last thing on your mind!

badmemory

There was nothing on our documentation that mentioned notifying after it had stopped. Are you sure that actually was relevant after a death & not if someone no longer needed help - as in recovered?

Cash-Cows

I reported a death to the the OPG and they asked for the LPA back. They also acknowledged they had received it as well.

SevenOfNine

badmemory wrote: »

There was nothing on our documentation that mentioned notifying after it had stopped. Are you sure that actually was relevant after a death & not if someone no longer needed help - as in recovered?

Look at the link in post #5 the instructions on death don't get much plainer, no explanation as to why though.