Power of Attorney - what happens when the person dies?

[stevesuk]

Hi all,

Posting a question on behalf of my elderly father-in-law, who is power of attorney (financial and health) to his life-long best friend.

The best friend unfortunately has terminal cancer, and is at the stage of receiving palliative care - with just a few days left to live apparently. Father in law is 81 himself, and has been doing his best to act as power of attorney for the past couple of years - but has no idea how the role is meant to change after his friend dies - hence my question.

He was told by someone that death marks the end of the power of attorney - so he should stop everything he's been doing (i.e. paying his friend's bills, dealing with their banking etc.) - because that then becomes the duty of the executor.

But we don't know if that's correct or not. If it is correct, does he simply hand over everything he has (outstanding bills, bank account details etc.) to the administrator/executor of the will? (one problem, is that we don't know who the executor is, or where the final will is - he's trying to piece things together, as his friend has dementia).

If anyone has had experience of this, and can offer up some info on "what happens next" for him - it would be much appreciated.

Many thanks,

Steve.

[Eyersey1234]

When my gran died the people with power of attorney handed all the paperwork over to my mum and me as we were named executors and we dealt with everything from that point on.

[BertBert]

Exactly right. On death PoA stops and the executors step in - might be the same people/person or might not.

[martinbiz]

Eyersey1234 said:

When my gran died the people with power of attorney handed all the paperwork over to my mum and me as we were named executors and we dealt with everything from that point on.

But the OP does not know who the executors are or who holds the will

OP if the will was prepared by a bona fide will co or a solictor there is a good chance it will be registered

https://www.nationalwillregister.co.uk/?gclid=Cj0K...

I believe as a person with interest, in this case POA you are entitled to certain info including the executors details

Edited by martinbiz on Tuesday 27th July 22:03

Edited by martinbiz on Tuesday 27th July 22:04

[stevesuk]

Thanks for the replies. Father in law has seen a draft of the will, where he's definitely not named as the Executor/Administrator. So if the final will is the same, I guess it'll no longer be his problem - which I'm sure will be a load off his mind.

[Mr Dendrite]

To add an example to what people have said already. I had POA for my father, he fell ill, decided he wanted to review his will. I requested the will under my POA, but unfortunately my father died quickly. I then had to start again and request the will again as executor. The company holding the will were very helpful, but that’s the process.

[Byker28i]

As said - it hands over to the executors. I was POA to my mother and father in law but the executors were their daughters.

[Ivan stewart]

Sorry to hijac the thread ,Was talking with a Friend today who is in a spot of bother with a sibling!what happens if the person with power of attorney hasn’t completed and actively obstructed ongoing business that the person was trying to sort out before they became ill ??
This person with the POA is now an executer ?
Can they be still be held accountable once the person they are acting for is deceased ??