If someone has only made an LPA and not a will, after they pass on, what will happen to their assets if there is no immediate family members to inherit it. Can their Donee act of their behalf?
An LPA only covers situations when a Donor loses mental capacity but is still alive and becomes invalid once the Donor passes on.
LPA Donee(s) can only make decisions based on the powers granted by the Donor when the Donor loses mental capacity up until the point of death.
If a will was not made, inheritance would follow the prevailing law. Your Donee will not be able to act on your behalf to manage the inheritance.
By writing a will, you can ensure that your inheritance will be managed according to your wishes and you would be able to appoint an executor to manage your estate.
Related questions
Is my Lasting Power of Attorney (LPA) still effective after I die?
What happens if an appointed Donee dies and you need to appoint a replacement Donee? Do you still need to revoke your existing LPA or is there another process to make it simpler?
If I have already made a Will, do I still need an LPA?
What is a Lasting Power of Attorney (LPA)?
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