Power of attorney - notifying the office of the public guardian

[bumbleberyl]

Hi, I'm looking for some advice. I held POA for my grandmother but she passed away last year. I was unaware that I was required to inform the Office of the Public Guardian of her passing and have since been advised that this is a serious offence. Has anybody had any experience of this?

Apologies for duplicate post - I realised I had asked this in the welcome forum. I hope this is the right place to ask...

Thanks in advance.

[des8]

The lasting power of attorney (LPA) ends when the donor dies.

So just tell the Office of the Public Guardian now, with an apology for the delay, and send them:

• a copy of the death certificate
• the original LPA
• all certified copies of the LPA

as long as you didn't continue using the LPA there shouldn't be any problems

[bumbleberyl]

Hi Des,

Thanks for your reply. I did as you suggested today and sent an apology with the documents you listed.

I did however continue to use my grandmother's account but only for costs related to her care etc and just hope that will be acceptable.

[des8]

You intended no wrongdoing, no one has been disadvantaged so there shouldn't be any adverse repercussions

[twohoots]

Thank you so much Bumble and Des. I was shocked to read this because I was attorney for a family member who passed away over 3 months ago and had no idea I had to report it to the OPG. I have just dashed to the Post Office with a letter, the death certificate and original LPAs and sent them off recorded.

While I was getting all this together I looked through both parts of the LPAs and also the booklet about an Attorney’s duties and there was no mention at all that you have to inform the OPG when they die. I honestly didn’t even think about it. Thanks again.

[bumbleberyl]

I'll wait to see what happens. It's all very confusing, as I'm the executor too. I wish I had asked someone else to do it all now.

[des8]

As you are the executor you had the authority of your appointment to pay those bills out of the estate.
Just remember to include them in the accounting

[JJW]

Does the POA have to ask for permission to sell the person’s house to a relative for a bit cheaper?

[des8]

The attorney must act at all times in the best interests of the donor.

JJW if you have further questions please start your own thread