Lasting Powers of Attorney - death of one attorney

Trusts Discussion
1

I would like to post the following:

Lasting Powers of Attorney - death of one attorney

Some years ago my clients H and W each made both types of LPA appointing the other spouse and their two children as attorneys.

H died last year. After a discussion with me W dealt personally with most matters including notifying the OPG of her husband’s death. She sent both his LPAs to the OPG which returned them to her duly cancelled with a letter saying she need take no further action.

Several weeks later W received another letter from the OPG. This was headed with the reference numbers of all four LPAs and asked W to send hers to the OPG. I queried this and the OPG replied as follows “We have requested [W’s}] LPAs so we can mark the attorney [H] deceased on the physical LPA. This is to ensure the LPA is kept up to date.”

When dealing with the administration of the estate of someone who has a registered LPA it is my normal practice to send this to the OPG with a death certificate but I do not recall ever being asked to send the LPA of a surviving spouse who was one of the deceased’s attorneys. Is this a new practice of the OPG?

Malcolm Sterratt

2

Yes this happened to the surviving client I was dealing with. I would’ve thought that when the survivor’s LPA is registered with a financial institution, it would be sufficient to supply the death certificate of the other attorney but I suppose if the OPG has marked it to show that one has died, it avoids this.

Patrick Moroney
BWL Swansea

3

I always send mine for updating on the death of joint and several attorneys (or for cancellation where joint attorneys)and also authorising the appointment of a replacement attorney The OPG kindly return them stamped either this attorney can no longer act and this attorney can now act. The OPG like to keep matters up to date including changes of address of both donors and attorneys.

4

@claire.flood162 are the OPG quick to make such changes?

5

I have had them updated within a month of submitting them. It all goes to a separate team. They can be helpful at OPG and if you have a good reason e.g. donor now diagnosed with dementia or end of life issues they will give you an e-mail address to contact and it can be expedited. Hope that helps.

Claire Flood