Power Of Attorney

[jennyjoan]

Just a little advice needed here.

Friend of sista has died - this lady has one son who pretty much gave her a lot of trouble - drugs and alcohol for a start and missing in London for years.

He and his girlfriend have looked after her for about 6 weeks and he has just found that one of his cousins is POA. He doesn't understand it and has gone mad about it. It's awful because the dead lady is hardly cold.

This lady own a beautiful house etc - my gut instinct is that the son may not get the house as he thought he would

She has made a will

Exactly what does a POA do and will she have signed with the deceased lady to be POA

Thanks for any advice.

[ubasses]

A POA allows the person appointed to either make all Health decisions required or/and take over their finances. Depending on the type of POA.
The POA became void as soon as the friend died.

[Buenchico]

A power of attorney empowers someone to look after another person's affairs while they're alive. (Full details here: https://www.gov.uk/power-of-attorney )

Such a power AUTOMATICALLY LAPSES upon the death of the relevant person, so it's completely irrelevant now.

[bednobs]

POA would have been given by your deceased friend rather than the cousin taking it. It ceases to be valid upon death

[Tilly2]

It's all going to depend on the Will, JJ.

[murraymints]

Executors will manage her affairs, the content of her will remains

[jennyjoan]

OMG - thanks for that. This POA has frozen said lady's bank account and is giving the son £25 a week to live on from he came home.

What can the lad do now - I am thinking that he should get his own solicitor or should he wait for the will. Sista has been asking me a variety of questions and I truly don't know cos I was never in the situation.

Any advice I could tell the lad. Thanks for answering.

[jennyjoan]

Could the POA be the executor of the will too. Is that possible.

[taichiperson]

The bank account would have been frozen by the bank on death. The executor of the will can make payments at their discretion.

[Tilly2]

He needs to wait to see what the Will says.

[taichiperson]

The POA may well be executor, it's not automatic but probable.

[Tilly2]

You've got it now, Taichi! :-)

[ubasses]

Yes, the friend can make whoever she likes her POA and Executor of her Will and can choose the same person for both.
Her POA has not frozen her Bank Account the Bank will have done that immediately on being advised of her death. Normal procedure.

[murraymints]

Poa is now defunct.....son will have to wait for the will to be revealed...and what she is doing giving him money is strange, must be coming from her personally

[taichiperson]

Lol thanks Tilly, I can't resist being a know it all!

[jennyjoan]

ok thanks for the answers and have just told Sista since the lad has been asking her for help.

How long does it take for the will to be executed. I feel bad about this as the lady is not even buried.

It is just to help the lad. The POA/his cousin has been giving him a terrible time.

[jennyjoan]

Murray - re the money I don't know either but the lady's relatives loathe and despise him for the life he gave his mother. They are blanking him and causing him all kinds of upsets.

[ubasses]

The POA has probably been paying the £25 from the account under instruction from your friend. Now the account has been frozen it can no longer be made.
There is no fixed time for Probate, depends on the size and content of the Estate and how fast the Executor is prepared/ or is able to work on it.

[jennyjoan]

thanks Ubasses

[EDDIE51]

Probate took at least 6 months in all the cases I have heard of. If there is a house that has to be valued and probate will take longer.
I think a year is about the quickest probate can normally be sorted. It took 10 months for my Mum and she had no house and very little cash.

[Peter Pedant]

havent looked it up
but POAs cease on death

so that only leaves the will

[very difficult disinheriting a druggie child and heir - all they do is go around to the lucky inheritor drugged out of their brains and demand 'their fair share' - and then come around again
and again....]