If I appoint my Donees to act jointly on my LPA and one of my Donee passes on, is the remaining Donee the sole decision maker to act on the Lasting Power of Attorney (LPA)? (I do not have a replacement donee)

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Accepted Answer

If your Donees are appointed to act jointly on your LPA, the Donees must act together and not individually. When any one Donee is no longer able to act, all the Donees in the joint appointment will be terminated.

If there was a replacement Donee appointed in the LPA, the replacement will replace the 2 Donees who were appointed to act jointly. Otherwise, the LPA will no longer be in effect.

You are thus advised to carefully think through the appointment of your Donees as well as indicate a replacement Donee to cover unexpected situations.

If I appoint my Donees to act jointly on my LPA and one of my Donee passes on, is the remaining Donee the sole decision maker to act on the Lasting Power of Attorney (LPA)? (I do not have a replacement donee)

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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?

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?

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Are there other situations where my LPA or the Donee's powers will be cancelled?

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