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I hope I'm not in trouble

Wildflowerlady

Registered User
Sep 30, 2019
939
0
So last night I'm thinking I really must sort out a LPA for myself, partner has one and my late father had one. I've just discovered I should have returned my dads LPA documents when he passed a year ago but when he passed I assumed that I could destroy them myself which I did thinking that were no longer a valid document. I tried calling the OPG this morning got down to be next caller after over 35 minutes wait only to be cut off. Am I best to try email them I'm hoping they will be understanding of what I did
 

Wildflowerlady

Registered User
Sep 30, 2019
939
0
Thank you @northumbrian_k I felt some relief following your post. I did try again and managed to get through to the OPG and thankfully the lady was understanding she did say they usually say not to destroy. The lady has taken the Ref: number of the LPA which I found on a couple of letters I did still have so was able to find the information quickly after asking a couple of security questions. I will need to send in an original death certificate with a covering letter but it will be noted on their records today that I have notified them of dads passing. The death certificate I send will be returned by registered post but she said would take several weeks.
 

Duggies-girl

Registered User
Sep 6, 2017
3,287
0
I shredded dad's LPA as I no longer needed it, I never thought about sending it back and it's gone now. I don't have the reference number or anything as I never had to use it. I am not going to let this worry me. I did return his DNAR form to his GP for some reason and the receptionist seemed surprised to see it. I returned dads blue badge when we registered the death but I still have his passport because it took me ages to find it and it also holds some memories.

I would guess that many people have no idea that an LPA should be returned, I certainly didn't.

None of us are perfect.
 

Wildflowerlady

Registered User
Sep 30, 2019
939
0
I shredded dad's LPA as I no longer needed it, I never thought about sending it back and it's gone now. I don't have the reference number or anything as I never had to use it. I am not going to let this worry me. I did return his DNAR form to his GP for some reason and the receptionist seemed surprised to see it. I returned dads blue badge when we registered the death but I still have his passport because it took me ages to find it and it also holds some memories.

I would guess that many people have no idea that an LPA should be returned, I certainly didn't.

None of us are perfect.
Thanks @Duggies-girl I'm glad to see I'm not the only one 😀
 

MaNaAk

Registered User
Jun 19, 2016
7,553
0
Essex
Dear @ Wildflowerlady and @Duggies-girl,

I've just found out from this thread that I shouldn't have shredded them. Oh dear I can't worry about them now!

MaNaAk
 

Wildflowerlady

Registered User
Sep 30, 2019
939
0
Dear @ Wildflowerlady and @Duggies-girl,

I've just found out from this thread that I shouldn't have shredded them. Oh dear I can't worry about them now!

MaNaAk
Because I saw it on the government website last night and called them today feeling a bit panicky I feel I really have got to send in dads death certificate now and the covering letter. I'm guessing that it is a really common error to destroy and logically in the cold light of day I can't think they would have ever contacted me.
 

MaNaAk

Registered User
Jun 19, 2016
7,553
0
Essex
Because I saw it on the government website last night and called them today feeling a bit panicky I feel I really have got to send in dads death certificate now and the covering letter. I'm guessing that it is a really common error to destroy and logically in the cold light of day I can't think they would have ever contacted me.
I felt funny when I did it but there's not much I can do now so I might as well do what @Duggies-girl is doing and just keep quiet.

MaNaAk
 

MartinWL

Registered User
Jun 12, 2020
2,029
0
65
London
I very much doubt that @Wildflowerlady will be in any trouble at all. I had a look for information about this a few weeks ago, because I had not thought about informing the OPG of my mother's death and somehow realised the omission. I couldn't find any legislation that pertained to this so I am pretty sure that failure to notify the OPG isn't a criminal offence, so not much chance of being hauled before a magistrate at all. Essentially the OPG are simply requesting attornies to send them the death certificate to assist them with their duty to maintain a register. They make it sound as if they have a legal right to demand this but I don't think they do. They also ask you to send back the original POA document. I have ignored that request, but I have sent them the death certificate. It is just possible if unlikely that a former attorney might be challenged about his/her right to have done something that he/she did as attorney, some time later. I intend to retain the original for a while in case I should ever have to prove that I was a valid attorney retrospectively.
 

Duggies-girl

Registered User
Sep 6, 2017
3,287
0
I do remember that when I did dads probate that there was a choice of forms and the complicated form that you use when inheritance tax is payable asks for the LPA or maybe a copy of the LPA to be included with all the other forms . We used the simpler form because we didn't have to pay inheritance tax and thankfully that form did not ask for the LPA

I had forgotten all about that.
 

Wildflowerlady

Registered User
Sep 30, 2019
939
0
I do remember that when I did dads probate that there was a choice of forms and the complicated form that you use when inheritance tax is payable asks for the LPA or maybe a copy of the LPA to be included with all the other forms . We used the simpler form because we didn't have to pay inheritance tax and thankfully that form did not ask for the LPA

I had forgotten all about that.
I didn't have to apply for probate as the bank said it was not necessary. They just released my dad's funds and closed his account on proof of his death certificate. I did remember to inform everyone else including the tax office of my dads passing. I just didn't think of the OPG and his LPA. My dad estate wasn't liable for inheritance tax either.
 

Duggies-girl

Registered User
Sep 6, 2017
3,287
0
I didn't have to apply for probate as the bank said it was not necessary. They just released my dad's funds and closed his account on proof of his death certificate. I did remember to inform everyone else including the tax office of my dads passing. I just didn't think of the OPG and his LPA. My dad estate wasn't liable for inheritance tax either.
I think we worry too much that we do everything correctly. It becomes habit after a while. It did give me something to do during the lockdown and it was quite easy to do. I was quite pleased with myself.

Dad had some shares that were not worth selling so I sent them to the ShareGift charity to be donated to The Oesophageal Cancer Charity. I had to provide them with a copy of the probate and fill in some forms. I know they got them because they returned the probate form with a post it note attached. I am still waiting for a proper acknowledgement from them. I had forgotten about that too. It was months ago.
 

MaNaAk

Registered User
Jun 19, 2016
7,553
0
Essex
I remember having to fill out a form to inform all the necessary departments of dad's death and sending his death certificate.

MaNaAk
 

Wildflowerlady

Registered User
Sep 30, 2019
939
0
I remember having to fill out a form to inform all the necessary departments of dad's death and sending his death certificate.

MaNaAk
I remember that think it's called The tell me once service. I remember struggling to do it online whilst sick in bed despite being unwell I just felt I needed to try do something. When mum passed a few years earlier I went and lady at the registry office told me it could be done there and I just gave her the information.
 

MaNaAk

Registered User
Jun 19, 2016
7,553
0
Essex
I remember that think it's called The tell me once service. I remember struggling to do it online whilst sick in bed despite being unwell I just felt I needed to try do something. When mum passed a few years earlier I went and lady at the registry office told me it could be done there and I just gave her the information.
I think I did it for mum as well.

MaNaAk
 

Jessbow

Registered User
Mar 1, 2013
4,219
0
Midlands
I didnt sen Mums back when she passed away, Never occured to me. The day she died it ceased to be of any use, so it just got filed away in the 'Mum Stuff' file.
 

Elle3

Registered User
Jun 30, 2016
677
0
My dad died almost 3 years ago, it never occurred to me to send the LPA back. I still have it filed away with Dad's other paperwork. I'm not going to let it bother me. Ignorance is bliss. ;)
 

jennifer1967

Registered User
Mar 15, 2020
11,733
0
Southampton
maybe they need to make it clear when they issue the poa that it needs sending back on the death of the donor. how are we supposed to know if they dont inform us.