Can lpoa be used for attorney to pay for prepaid funeral?

Wave

Registered User
Feb 22, 2015
1
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Hi, I'm new to this forum. It's comforting to read the similar issues we are all facing. I wish you all strength and hugs x

My question is that I am an attorney for my grandfather (under both a financial and health lpoa). I'm joint and several with 3 other siblings. My grandfather has severe dementia and I'm not sure how long he has. Can I as an attorney withdraw cash from his account and pay a funeral director now for a prepaid funeral? If so I assume I can do this alone? I.e without the consent of my siblings? ( I will of coursebe discussing arrangements with them) but it seems that if I do not get funds now then I may have to pay personally when he dies and will have to wait until probate before I am reimbursed. I will not qualify for the funeral grant. Thanks in advance if anyone can help?
 

nitram

Registered User
Apr 6, 2011
30,081
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Bury
Yes, you can.
If he is being funded by the LA they may regard this as deprivation of capital, most don't but some do, in the worst case the amount would be added as notional capital to his actual capital.
When you choose the funeral plan make sure that it is from a company that deals with your chosen funeral director, not all directors accept all plans.
 

Cloverland

Registered User
Jun 9, 2014
244
0
Who was first named on the POA as they are first to have responsibility with banks regarding POA. By this I mean they are able to have full access to bank accounts with a debit card, on line access and a cheque book. The other named attorneys still have authority as you do. But check with individual bank as to how they operate. I was first named attorney and therefore I was given full unlimited access whereas my brother would only receive a cheque book. Usually only one debit card is issued and that to first attorney. This was my experience with high street bank *arclays.

As for the funeral any decent funeral director would not ask for money up front of the day and would invoice a decent amount of time after the funeral. It is correct though that whoever instructs the firm technically is responsible for the debt. Again, same high street bank once invoice received from undertakers is allowed to release said funds to undertakers only, all other debts are paid out after probate if required and when estate is finalised. So, there is no need for you to arrange a pre paid service if you know there are sufficient funds.
 

mrjelly

Registered User
Jul 23, 2012
314
0
West Sussex
.... it seems that if I do not get funds now then I may have to pay personally when he dies and will have to wait until probate before I am reimbursed....

I think it would be worth checking with your grandfather's bank what their procedures would be after he dies. By filling in personal indemnity forms, I was able to release several thousand pounds from two of my Dad's bank and building society accounts, whereas a different bank refused to release £250 until after probate was granted.

Also, make sure you get a written quotation from your funeral director before the event. After I described the funeral we wanted, the funeral director said yes we can do you a funeral for "X", but after the event submitted an invoice for X + £600 to cover extras. They justified this by saying - X was the quote for their most basic service, not the one we wanted. As I hadn't got a written quote and the charges were not intrinsically unreasonable, I ended up paying about X + £500 after negotiating a discount.

Funeral plans can give you peace of mind, but this comes at a premium because they need to cover people whose funerals will be several years in the future as well as more near-term requirements. Perhaps if you can confirm that you will have access to some of grandfather's money before probate, then you don't really need to pay in advance.
 
Last edited:

Sheepteach

Registered User
Sep 4, 2011
161
0
Somerset
I did this a few months ago on my dads behalf as his attorney, no problems encountered. It's one less thing to worry about when the inevitable happens.
 

Pegsdaughter

Registered User
Oct 7, 2014
128
0
London
Round here in London funeral directors expect to be paid upfront as there have been many bad debts. One less thing to sort out amongst the many when someone dies.


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sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
Although a bank may issue a cheque payable to the funeral directors when a person has died, they will normally require you to produce the final account. Most funeral directors will require at least a deposit up front, so without a prepaid funeral plan you may have to dip into your own pocket, at least initially.

A prepaid funeral plan is a good idea - make sure it's in a reputable scheme and that it covers what you want.
 

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