Can I do this as a PoA?

Mrs_Z

This is the situation:
I have a lasting power of attorney for a friend who sadly is terminally ill. The person possibly has days/weeks left.
I'm under the impression that when a person dies, their bank accounts get frozen and only funeral expenses can be paid until probate has been granted which can take several weeks.  I am also named as the sole executor in their will.  
What I would like to do, is to transfer a sum of £3,000 from their account to mine now - as a contingency - for any unexpected expenses that require payment during the time when the accounts are frozen.  For example, their house will need clearing - we are talking of someone with a bit of a hoarding habit. There are soiled mattresses etc in the property that need removing, rubbish in the garden etc - this will need to be paid for. There could be urgent repair bills to the property also.
I would of course keep records and receipts of everything and if the contingency money is not needed either in full or partially, return any monies back to the estate once the probate has been granted and the accounts are again operational.
Is this a reasonable or even allowable thing to do? I don't want to be accused of any wrong doing.
I could of course ask the person themselves, but they are no longer communicating by text/email so would not have a written proof of their consent and their mental capacity is reduced. They have moments of lucidity but equally due to medication and the illness, also confusion and hallucinations.
They have no immediate close family in this country.

KxMx

Even if your friend agreed, they are not capable of making an informed choice by what you've written. 

As POA you have to act in your friends best interest. 

Moving money like this would be to make your life easier, so no I'd not recommend you do so.

I can't see any reason why house clearance and repairs couldn't wait until after probate.

This guide might help:

https://www.gov.uk/when-someone-dies

SeniorSam

Possibly set up an executor Account to accommodate expenses. In that way you have a clean record and are accountable for the Executors account, but best to seek professional advice before you do this., 

Mojisola

Funeral costs can be paid immediately by the bank. The FD sends the invoice to the bank and it will be paid even if the account is otherwise frozen. 

Marcon

Mrs_Z said:

This is the situation:
I have a lasting power of attorney for a friend who sadly is terminally ill. The person possibly has days/weeks left.
I'm under the impression that when a person dies, their bank accounts get frozen and only funeral expenses can be paid until probate has been granted which can take several weeks.  I am also named as the sole executor in their will.  

Probate can take many months by the time you've got the estate into some sort of order so that you can report its value, pay (or make arrangements to pay) IHT, etc.

The better news is that many banks will pay out the proceeds of any bank accounts to you as executor if you provide the death certificate and will (certified copies will almost invariably suffice). Banks have their own individual 'upper limits', so you'd need to check with each bank/savings institution what they require.

p00hsticks

Do they own the property or is it rented ? If the former there is less urgency to getting it cleared than the latter.

Who are the beneficiaries ?

getmore4less

If they have capacity they can help make your life easier by the transfer of money to you.

If not it's too late.

Why are the house repairs suddenly going to be urgent?

Who's interest will they benefit

POA and executor are separate legal entities with separate responsibility don't mix them.

Get the beneficiaries involved when the time comes

doodling

Hi,

Much of the stuff you list as needing to be done could be done now, before the PoA donor's death.

Whilst obviously their time is precious and you wouldn't want to be reducing the time you spend with them, stuff like disposing of soiled mattresses and garden waste is just a matter of being in the house when someone comes round to collect.

Obviously you also need to be sensitive to the donor's views, and you don't want to give the impression that you're acting as if they are already dead, but I can't Imagine they'd object to a tidy garden to look at in their final days.

Mrs_Z

Thank you all for your comments.
I shall proceed with making arrangements for the removal of soiled mattress regardless as it's unhygienic (not to mention smelly), in my view it's a border line health & safety issue leaving it in the house.  Lucky we're in winter, otherwise we'd have fly infestation there before long. If it comes to it, I pay for it myself and may be able to claim it back from the Estate in due course?
For repairs, such as a potential roof leak, my approach would be to deal with them sooner rather than later as longer you leave them, bigger and more expensive the job would be, and we're in winter with more rainy months ahead.  Dealing with either matter will not benefit the person themselves, as they are in care and no longer reside in the property nor will be returning. However, I'd see it as my duty to deal with such matters diligently but perhaps i'm overthinking this.
As for the beneficiaries, the original will is stored by will writers but I would assume that the person would have left the estate to charities of their choice with possibly small gifts to neighbours who have helped them during the last few months.

getmore4less

As for the beneficiaries, the original will is stored by will writers but I would assume that the person would have left the estate to charities of their choice with possibly small gifts to neighbours who have helped them during the last few months

If charities are getting most of it then they would get to administer the estate there would need to be a decent amount falling into my lap to take on the hassle of clearing and dealing with charities.

Froglet

I was in a similar position shortly before Mum died in September.She was in care for the 6 months before,I have had poa for some years and always helped her sort out her ffinances,but once in care I took.control of her bank and made sure the care home was paid .When it was down below the level.of self funding I then had to do a.finanicial assessment so the council could part fund,and the rest from her pension and family top ups.She said ,as she got worse that she did not want us to have to find the money for her funeral,and we were to transfer enough out to pay for it.I didn't want to,but in the last week of her life it was obvious  she wouldn't get better so I transferred 5k into my bank ready.
I am executor of her will,and myself and my 2 siblings are the only beneficiarys.They agreed it it was the best thing to do and it  was what Mum wanted after all.The cost of the funeral was  just under the 5k ,we do have the headstone to pay for but that is some time away.I paid for everything and kept all receipts.I am shortly to start probate and will state I am not needing to.claim funeral costs and why.
Not quite the same as this particular situation,as the beneficiaries are all in agreement but I agree that the upkeep of the house is too important to leave