What Happens If My LPA Attorney Dies?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.

• How Long Does a Lasting Power of Attorney Last?
• At What Age Should I Consider a Lasting Power of Attorney?
• What is the Difference Between the Court of Protection and a Lasting Power of Attorney?

INTRODUCTION

When creating an LPA, it's crucial to consider every scenario, including whether your appointed Attorney might die.

This explores what you can do if your Attorney passes away and is unable to act on your behalf.

SCENARIO PLANNING IS ALWAYS ABOUT THE UNIMAGINABLE

If you think that talking about your own death is bad enough, you should also prepare for the unthinkable and ask yourself what would happen if your Attorney were to die. Such a circumstance would, in effect, mean they could no longer act on your behalf. This exposes your Estate to a great degree of risk for as long as you don't have an Attorney in place. 

SOLUTIONS AND PREVENTATIVE MEASURES

• Appoint More Than One Attorney: Choosing multiple attorneys when establishing your LPA is one of the best preventative measures. You can decide whether the Attorneys must act together ("jointly") or independently ("jointly and severally"). This latter construction inserts a "backup" Attorney, allowing them to take over without interruption should one of the Attorneys die.

• Replacement Attorney: You can also appoint replacement Attorneys in your LPA. This prepares for the eventuality that if one of your Attorneys can no longer act on your behalf due to death, incapacity, resignation or another reason, the replacement would step in to ensure seamless control.

• Create a New LPA: If your Attorney dies without a replacement Attorney, this invalidates your LPA. You'll then need to set up a new LPA, assuming you still have the mental capacity to do so. You'll need to go through the process of appointing new Attorneys and repeating the registration process with the Office of the Public Guardian.

• Deputyship Order: If your Attorney dies and you've already lost the mental capacity to create a new LPA, your family and friends must apply to the Court of Protection for a Deputyship Order. Although the process is similar in that the Court will appoint someone to act on your behalf, this process can be complex, time-consuming, and expensive. We don't recommend this course of action unless it's a last resort and urge you to consider creating an LPA.

Need to know more?

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