The Benefits of Discretionary Trusts

From: The Will Company 

A Lasting Power of Attorney (LPA) ceases when the donor of the power dies. It may also cease if an attorney dies. Even if the LPA doesn’t end on the death of an attorney there may be a change to how the power works, for example a replacement stepping in. In all cases the Office of the Public Guardian (OPG) need to be informed of a death.

How the OPG Confirm Death

Previously on the death of a donor or attorney of an LPA, the OPG would require some evidence of a death. The OPG changed its processes in January 2023 and no longer require evidence of death in most cases. They will now instead confirm a death using the Life Event Verification (“LEV”) system which retrieves date from the General Registrar’s Office.

Death of a Donor

Where the donor of a registered LPA has died, the OPG need to be informed. The registered LPA will need to be returned to the OPG for cancellation. The OPG will verify the death themselves and will then inform the attorneys that the LPA is cancelled and dispose of the LPA.

Death of an Attorney

The OPG also needs to be informed where an attorney has died, they will then verify the death. As mentioned above, the LPA will also need to be returned to the OPG in this instance as well. Depending on the circumstance of the appointment, the LPA may still be valid. Where a sole attorney dies, or an attorney acting jointly dies, and no replacements are named the LPA will have ended and the OPG will dispose of the document. For joint appointments they will inform the other attorneys. If there are replacement attorneys, the OPG will stamp to confirm the death and return to the LPA.

On the death of an attorney acting jointly and severally or acting jointly for some decisions and jointly and severally for other decision, the OPG will stamp the LPA to confirm the attorney has died. They will then return the LPA.

Death of a Replacement Attorney

The OPG will need to be notified of the death of a replacement attorney, even if the replacement attorney has not started acting due to the original attorneys still acting. The OPG will then confirm if the LPA is still valid to use and if it is, the LPA will be stamped to confirm the death and then returned. If the replacement attorney’s death has led to the LPA being invalid (e.g. they are sole replacement attorney and all original attorneys have died), the OPG will dispose of the LPA.

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