Q: Last year my mum and dad set up Lasting Powers of Attorney and they each appointed me as their property and finances Attorney. They held joint bank accounts, but my dad has just passed away. From everything I have read, my understanding is that the authority for an Attorney to handle the donor’s affairs from a Lasting Power of Attorney ends upon the Donor’s death. So, does this mean, as I was dad’s Attorney, that I cannot access their joint accounts?
A: You are correct when you say your authority as an Attorney for your father ends upon his passing. You should therefore return the original LPA document and/or any certified copies to the Office of the Public Guardian (OPG) and notify them of your father’s passing. The OPG can then cancel the Lasting Power of Attorney and confidentially dispose of the same. The OPG will notify you once this has been done and also notify any other Attorneys, if applicable.
As your mother’s and late father’s accounts were in joint names, you should inform the relevant bank or banks about your father’s passing and send them a death certificate as proof. The accounts will then automatically pass to the survivor (your mother) irrespective of whether your father had a will or died intestate (without a valid will). Once the account has been transferred into your mother’s sole name you will be able to access the accounts again in your capacity as her Attorney.
If any of your father’s other assets were not held in joint names with your mother or, if applicable, their property is owned as ‘tenants in common’, the Executors/Administrators of your father’s estate may need to obtain a Grant of Probate/Letters of Administration in order the deal with the same. If you require further guidance, you should contact a solicitor who will be able to advise you in more detail.
This question has been answered by Nicole Kukla, a Trainee Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
