Lasting Power Of Attorney

[interele]

Are there any versions of 'lasting power of attorney' that go beyond death. I am concerned that someone who managed the financial affairs of someone I knew are going beyond their remit. I am going to instruct a solicitor next week but I need to know what questions to ask. The said person went into the deceased house and took documents before we were allowed access

Ta

M

[bednobs]

no

[bednobs]

is that same person the executor too though?

[Buenchico]

As Bednobs indicates, LPAs always automatically lapse upon the death of the donor.

Confirmed here:
https://www.gov.uk/lasting-power-attorney-duties/stop-attorney

[interele]

I don't get it then - why are they paying creditors 3 months after the death. There is no administrator - we are applying for probate

[tomus42]

My understanding of lpa is that it enables you to act on the person's behalf when they're alive. Once they're dead it's invalid. I may be wrong.

[bednobs]

It's not really all that clear who exactly is doing what. I presume from what you say there is no will, yherefore no executors. Anyone wishing yo act on the estate of the dead person needs to get letters of administration unless the estate is very little. You can't get probate if there was no will and if there was a will the executor should be acting

[bednobs]

Sorry what I actually meant wa if the estate is big enough yo need probate you need loa to deal with it. Is the person settling debts with the dead persons money? If so, how? If they are payi g their own money, more fool them

[interele]

The council are still paying themselves and bills despite the deceased having passed 3 months ago. The deceased accommodation was a sheltered council flat. They have not terminated the lease even though they know he is dead. They practically ransacked the flat and removed documents before allowing us access.
It all seem very odd

[bednobs]

curioser and curioser. How are the council paying themselves? why isnt the deceased person's bank account frozen? do you have LOA? are you saying the council were POA?

[interele]

LOA, POA ? They had power of attorney we believe

[bednobs]

loa = letters of administration (what you need to act on behalf of the estate) POA = power of attorney

[Canary42]

Having read the link, it looks to me as though you should contact the Office of Public Guardian without delay

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