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?

Q: 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 your LPA has 2 Donees appointed to act jointly and severally , with the same powers conferred to both, and 1 Donee dies, the remaining Donee is still able to act on the LPA and the LPA remains effective. If each Donee was only given specific powers, the remaining Donee can only act on the power that was granted to them, and the replacement Donee (if named within the LPA) will replace the Donee who has passed on. If no replacement Donee was named, the existing Donee can only act within the powers that was granted. To include a new Donee to cover the other powers not granted to the remaining Donee, you must revoke your LPA and make a new LPA. If your LPA only had 1 Donee and a replacement Donee was also indicated, the replacement Donee will replace the Donee who passed on and the LPA remains effective. If no replacement Donee was named within the LPA, then the LPA will become invalid and a new LPA must be made to appoint a new Donee. If your LPA had 2 Donees 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 stated in the LPA, the replacement Donee will replace the 2 Donees who were appointed to act jointly. Otherwise, the LPA will no longer be in effect. Should the LPA no longer be effective, rather than revoke the LPA, you would have to make a fresh LPA to appoint new Donees to act on your behalf.

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Accepted Answer

If your LPA has 2 Donees appointed to act jointly and severally, with the same powers conferred to both, and 1 Donee dies, the remaining Donee is still able to act on the LPA and the LPA remains effective. If each Donee was only given specific powers, the remaining Donee can only act on the power that was granted to them, and the replacement Donee (if named within the LPA) will replace the Donee who has passed on. If no replacement Donee was named, the existing Donee can only act within the powers that was granted. To include a new Donee to cover the other powers not granted to the remaining Donee, you must revoke your LPA and make a new LPA.

If your LPA only had 1 Donee and a replacement Donee was also indicated, the replacement Donee will replace the Donee who passed on and the LPA remains effective. If no replacement Donee was named within the LPA, then the LPA will become invalid and a new LPA must be made to appoint a new Donee.

If your LPA had 2 Donees 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 stated in the LPA, the replacement Donee will replace the 2 Donees who were appointed to act jointly. Otherwise, the LPA will no longer be in effect. Should the LPA no longer be effective, rather than revoke the LPA, you would have to make a fresh LPA to appoint new Donees to act on your 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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