If someone has made a Lasting Power of Attorney and that is being used to make decisions on behalf of the donor due to the loss of mental capacity, if they subsequently die does the Lasting Power of Attorney continue after death? This article explores this question.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a document which is made whilst someone has mental capacity (is still able to make decisions and understand the implications of them) so that other people named in the Lasting Power of Attorney can make decisions for them should their mental capacity cease at some point in the future.
A Lasting Power of Attorney can be made to cover Health decisions or Property and Finance decisions on behalf of the person making the Lasting Power of Attorney (called the Donor).
The key part of the use of a Lasting Power of Attorney is that it is made to make decisions on behalf of the Donor WHILST they are alive. Therefore, this is its primary and sole purpose. A Lasting Power of Attorney is not designed or intended to be used after the Donor’s death.
What Is Used After The Death Of Someone Who Has Made A Lasting Power Of Attorney?
Once someone has died, there are now no decisions to be made on their behalf. The process used after death to gather in the person’s assets, settle bills and divide their estate in accordance with their wishes in their Will (if they had one) is called Probate or Administration of Estates.
Whether you need to apply for Probate will depend on the value of the deceased’s estate. If the value of the estate was less than £15,000 or all of the assets in the estate were jointly owned and are passing to the surviving partner, then probate is not required.
The process involved in this scenario will be to contact all banks, builing socieities and utility companies to transfer the names of each account into the sole surviving partner’s name.
Does A Lasting Power Of Attorney Continue After Death?
A Lasting Power of Attorney does not continue after death. Either probate will be required or the administration of the estate.
Do You Have More Questions About Lasting Powers Of Attorney, Probate Or Administration Of Estates?
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