Death of primary attorney under LPA

Trusts Discussion
1

While the OPG guidance is long and detailed, it doesn’t appear to cover the death of a sole attorney when there are replacement attorneys who will all step in on a joint and several basis. (The closest it comes is: “In all of the above scenarios, it is assumed that no replacement attorney(s) have been appointed.”. Very helpful…)

I would be grateful if somebody could confirm:

  • Am I right in assuming that it is necessary to inform the OPG?
  • Will they want the original back to mark it?
  • If so, how long might we have to wait to receive it back?

Much appreciated.

Andrew

2

I have not had this exact scenario, but I have recently had a case where one of two primary attorneys has lost capacity and the replacement now needs to be activated as a primary attorney. As well as providing medical evidence in support of the lost capacity (not relevant in your case) I have been asked to send the original LPA so that it can be stamped accordingly and they will also amend their online records.

In terms of timing, I sent some LPA’s for cancellation where the donor died. They were sent in February and I am still waiting to hear.