Lasting Power of Attorney matters - when an attorney dies suddenly

[ADJohnsonUK]

Hi

Many thanks for reading.

This case below is currently ongoing in Wales.

A relative of mine had Lasting Power of Attorney (probably both kinds) for her father who is now in a care home. Her father has a house, which one of the Attorney's - let's call her Angie - did not want to sell the house. One of the other attorneys - lets call her Vivian - wants to sell.

Angie died quite suddenly recently (at a young age). She is/was married with 2 children. Angie's spouse - let's call him Alan - is now worried about his rights to the property etc - as he may need some income to help support himself and Angie's children (one is 18, the other is 12).

Another of the attorney's - let's call her Jane - was also listed on the documents, but she also very sadly died in April and Angie was in the process of changing the LPA documents to reflect this sad situation.

So what can Alan do in this sort of situation please? How can he influence or have a say in what happens with the surviving attorney's wishes etc? Does he have any legal options?

Many thanks for your time!

[atticus]

The LPA should specify what is to happen. It may well be that the surviving attorney is now sole attorney with full powers.

This reads a bit like a student question. Is it?

[des8]

Were the attorneys appointed "jointly" or "jointly and severally"?

[ADJohnsonUK]

The LPA should specify what is to happen. It may well be that the surviving attorney is now sole attorney with full powers.

This reads a bit like a student question. Is it?

No it's someone I know that is involved.

[ADJohnsonUK]

Were the attorneys appointed "jointly" or "jointly and severally"?

I am not sure - can you summarise how that might make a difference? Thanks.

[dslippy]

Alan cannot do anything to affect the survivor's wishes. He is at a second remove from the testator's wishes.

[des8]

The surviving attorney, if he still has power, should only be acting in the interests of the donor.

Whether or not the house is sold depends on the donor's best interests.

Why should Alan presume to have rights to the house if it is owned by the donor of the LPAs?
Even if Angie was the daughter of the house owner (which is not clear), that owner is still alive.

I'm not sure to which testator dslippy refers

[atticus]

des8, I agree with all you have just said. And dslippy clearly meant the donor of the LPA.

[ADJohnsonUK]

Thanks so much everyone. Alan has decided not to pursue this matter for the time being.