Death - power of attorney

[Rosey896]

Hi, I’m looking for advice please.
My ex-husband passed away very suddenly. He was power of attorney for both his parents who are in a nursing home and have dementia. My children are beneficiaries on their grandparents' will. Do they need to go through courts for power of attorney/guardianship?

Thank you for any advice

 

[thistlejak]

POA ends when the donor dies not the person given the power. Were there any replacement or additional attorneys?
If so they take over, if not then his parents can grant POA to someone else - if they are deemed to have capacity. If they don't have capacity then someone will have to apply for guardianship - I assume you are not in England as it is called Deputyship.
It doesn't make any difference who benefits from the will as the the Executor will take over at that point.

 

[Louise7]

Hello @Rosey896 welcome. Sorry to hear about your ex-husband. Thistlejak has explained the situation well so I hope that it helps but post again if you need more advice.

 

[northumbrian_k]

Hi @Rosey896 and welcome to Dementia Talking Point our supportive and friendly community. If an Attorney dies or is otherwise unable to act then it would fall to any other named Attorney or replacement to step in. If your ex-husband was the only named Attorney then the LPA will no longer be valid. Making a new one would be possible if the Donor still has capacity. This is entirely separate from any Will that exists.

See: https://www.gov.uk/power-of-attorney