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Updating lasting power of attorney
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
Comments
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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.
Proud to be debt-free 30/6/20201 -
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.
Signature removed for peace of mind0 -
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.
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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.
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To clarify, is dad named as one of mum's attorneys? Are you also one, jointly and severally with whom?
If you've have not made a mistake, you've made nothing0 -
When my attorney dies my new attorneys only had to confirm that they were willing to act and an amended. new document was issued.
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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.
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But were they named in the original lpa?
Signature removed for peace of mind0 -
Does she Need to send death certificate as well,
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