Updating lasting power of attorney

cherry76

Dad died nearly two years ago. Does mum need to notify OPG of his death and update her lasting power of attorney. We have both been appointed to act jointly and severally. Thanks

groovy_chick

Yes you should. I called them recently to ask what to do as my sister passed away and we were jointly and severally attorneys for our parents. I had to send back the stamped documents and they will amend and send back.

Savvy_Sue

Who's 'we'?

I don't know if mum needs to return dad's lpa but it ceased to be useful as soon as he died.

Who are mum's attorneys? If it's just you then yes, she should do a new one. You can't amend, have to do a new one.

The reason for a new one is that if you're sole attorney, mum loses capacity and something happens to you, mum is left without a valid lpa.

Keep_pedalling

That is not necessary for her LPA, if your father had one in place then the OPG should have been informed that he had died and the LPA returned to them.

ZunoWobble

Yes, the OPG should be notified of your dad’s death, as an attorney’s appointment ends when they die. Your mum’s LPA may still continue depending on how it was set up, so it’s worth checking the document and contacting the OPG to confirm.

RAS

To clarify, is dad named as one of mum's attorneys? Are you also one, jointly and severally with whom?

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82116779#Comment_82116779

When my attorney dies my new attorneys only had to confirm that they were willing to act and an amended. new document was issued.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/82116902#Comment_82116902

That makes sense, as there is always the possibility that in the meantime the donor loses capacity and would be unable to sign a new LPA.

Savvy_Sue

https://forums.moneysavingexpert.com/discussion/comment/82116902#Comment_82116902

But were they named in the original lpa?

cherry76

https://forums.moneysavingexpert.com/discussion/comment/82116775#Comment_82116775

https://forums.moneysavingexpert.com/discussion/comment/82116775#Comment_82116775

Does she Need to send death certificate as well,

groovy_chick

No, they just asked me to send a letter as follows, enclosing the stamped power of attorney document.

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

date

Dear Sirs

I am writing to notify you that one of the Attorney’s appointed to the following LPA has passed away.

LPA ref: nnnn-nnnn-nnnn

Donor name: name

Donor date of birth: dob

Attorney name: name

Attorney date of birth: dob

Attorney date of death: dod

Please would you update the LPA accordingly.

Many thanks

name