When the next of kin looses capacity

[Stewbow]

Hi All, 1st post!! thanks for any help.....If somebody dies and their next of kin has lost capacity and there is an LPA in place for the next of kin, Does the person who is the named as the attorney act for the next of kin with the funeral arrangements?
Stuart

[PallasAthena]

Sorry but don't understand what has happened. Can we have a bit more detail please.

Who was the LPA given by (ie who was the donor)? The person who has died or or the next of kin who has lost mental capacity? Are you the attorney?

If the LPA was given by the person who has died questions about the LPA are irrelevant as an LPA is automatically cancelled when the donor dies.

Anyone can arrange the funeral, it's irrelevant that there used to be an LPA in force. The only people with any obligations are the Executors of the deceased's Estate who must pay for the funeral (reimburse whoever paid for it) out of the Estate. The Executors aren't required to organise the funeral though.

[Stewbow]

The gentleman that has died was 84, he has an older 93 year old sister who is my mother in law (the donor) and lives with us, I have the power of attorney for her.
The council flat that he lived in has not been entered for 6 months as he was hospitalized.
We don't know if there is or isn't a Will, but we are assuming that there will not be any great amount of money etc.
We can pay for the funeral.
If think that the question I'm asking is am I now the person who is responsible, or expected to go through his documents to search for a Will and Bank Accounts etc?
I am assuming it will go to probate.

[PallasAthena]

In a non-legal sense I would say yes you are the person expected to do that simply because there is no-one else. Not specifically because of your role as your MiL's attorney but it seems from your post that you are for practical puposes the only person in a position to take this on, unless the deceased has other family willing and able to do so.

Who has registered his death?

I imagine that once you advise the council of his death they will want the flat cleared and returned to them asap.

The first priority if I were you would be to try to find if he left a will. Then you wll know if there are executors who should take over his affairs or whether you will need to step in (assuming you are willing to do so). As well searching his papers see if there's any record of him having a solicitor who might hold it. There are also various Will storage and registration places you can check. A search online should give you details.

[Stewbow]

OK, Thanks for your help

Stuart