Frequently Asked Questions: Powers of Attorney

Frequently Asked Questions: Powers of Attorney

Knowing which changes in details need to be updated with regard to Lasting Powers of Attorney and Enduring Powers of Attorney can be complicated. This is why we’ve compiled an FAQ to cover what to expect and what you need to do when encountering some of the bigger changes.

What happens to my Enduring or Lasting Power of Attorney when I die?

A Power of Attorney is only valid during the lifetime of the person who made it (‘the Donor’).  Once the Donor has died, the authority under the Power of Attorney will end and their estate will be dealt with by their Executor as appointed in their Will.

Executors should inform the Office of the Public Guardian when a Donor dies so that the Power of Attorney can be cancelled.

One of my Attorneys has died, do I need to update my Lasting Power of Attorney?

The Office of the Public Guardian needs to be informed if an Attorney dies.

If the Lasting Power of Attorney appoints the Attorneys to act on a joint basis only and one Attorney has died, then the Lasting Power of Attorney can no longer be used and will need to be cancelled by the office of the Public Guardian.

However, if the Attorneys are appointed on a joint and several basis, the Office of the Public Guardian will note the death of the relevant attorney on the Lasting Power of Attorney and return it to the Donor.

I have changed address; do I need to update my Lasting Power of Attorney?

You must not make any amendments to the Lasting Power of Attorney document itself once it has been registered with the Office of the Public Guardian as it will become invalid.  You must tell the Office of the Public Guardian if the Donor or an attorney changes address.  You should also tell the Solicitors who are storing your Lasting Powers of Attorney so they can update their records.

My attorney has changed their name, what should I do?

You must tell Office of the Public Guardian if you or your attorney changes name and send a copy of the marriage certificate or deed poll to the Office of the Public Guardian.

I have more questions; how do I get in touch?

Our Later Life team will be happy to help you. Reach out to Helen Cottington, a solicitor on the Wills, Estate Planning and Trusts team, on 01825 744428 or via email helencottington@rixandkay.co.uk or Katherine Head, a Later Life Team Assistant, on 01825 744434 or email katherinehead@rixandkay.co.uk.