Financial LPA vs will — planning for sorting my mum's things when she goes

[KentishCobnut]

My mum has inoperable pancreatic cancer, and I will be responsible for sorting things out once she moves to a hospice and after she passes away.

I already have an LPA. She has been advised (I think by a solicitor) that she should enable a bank card on her account to cover the various costs of sorting her flat out and I suppose the funeral.

I think she is planning some kind of a will. It is not always easy to talk to her about this since she gets stressed talking about any kind of rules and details. But I will try to find out and if possible talk with her solicitors to understand more.

Nevertheless, could anyone advise whether I would be in some kind of legal trouble if I withdraw from my mum's account to cover costs after she has actually passed away? (If it is tricky then I would rather just cover things myself if I can until the will is sorted out.)

Apologies if this is a silly question. I just have no idea about this stuff and am a little overwhelmed thinking about where to start.

Why don't you ask your mum if you can be added to her bank account so its joint? Then you can move money regardless of LPA etc. That's what I've done. Best of luck. Been through it and it's tough mentally and emotionally x

The LPA and access to her account ends when she dies. You cant draw money down then. The executor can set up an executor account and the bank will usually allow funeral costs to be paid from the estate (but not through using your card)

If she wants you to have money for a funeral by accessing and account then you need to get in transferred first or set up a new joint account (or be added to her but that may be more tricky longer term if multiple beneficiaries).

Exactly this. Once she passes away you have no rights with the LPA.
I'm sorry this is happening - sending hugs x

@Octopuslethargy, thank you for the clear information.

To be honest, paying for stuff is the least of my worries (and I realise that I am lucky to be able to say that).

But I guess I will be named as the executor, and I just looked at what an executor has to do — it looks really daunting. So much legal process to go through and so many organizations to inform. Not sure if I can even start clearing up the flat until all the legal stuff is sorted — which could be a problem as it's rented.

Anyone — is there some resource people go to (or some advisor) who can walk through this kind of thing? The CAB has a good page on it but I would need more specific guidance I guess as things come up.

Sorry you're going through this. The link below is for an extremely useful forum with lots of knowledgeable people who can help.

As a PP said, if you can get added to your Mum's bank account, that will help.

forums.moneysavingexpert.com/categories/deaths-funerals-probate

@2024please, thank you for the link! That’s very helpful.

And thanks to everyone for confirming about the LPA just being in effect while my mum is still around. I spoke with her just now and she wasn’t aware that’s how it works, so it’s good to know.

When a flat is rented you won’t have to wait for legal stuff/ probate (unlike owning a property) all you would need to do is inform the landlord or council and ultities pay any outstanding bills. Landlord council would advise how long then you have to pass back the flat. Sometimes they may give you chance to make an extra months rent to allow time to sort everything. This is assuming she rents to flat solely.

Sorry you're going through this.

Whilst you can pay for a funeral from the bank account, could you not pay for it now in advance?

We've just sorted LPA for mum, and plan to do this very shortly just to alleviate some of that stress.