Yes, in the UK, a valid Lasting Power of Attorney (LPA) does override the role of 'next of kin' because the LPA grants specific legal authority for decisions, whereas 'next of kin' is primarily a social term for contact and has minimal legal power, especially for adults. If an LPA is in place, the appointed attorney makes decisions (financial, property, health, or welfare) as designated, even if other family members disagree, provided the attorney acts in the donor's best interests. Without an LPA, family members must apply to the Court of Protection for Deputyship, a lengthy process.
You can only override a Power of Attorney (POA) under certain legal conditions. These usually involve whether the person who made the POA (the donor) still has mental capacity, whether they have revoked it, or if abuse or fraud is suspected. Understanding these points is key to protecting everyone involved.
For example, when going into hospital you may be asked to name a Next of Kin, but you can choose whoever you want - you have no legal obligation to put a blood relative. The order of priority for Next of Kin usually goes: Spouse, Adult Children, Parents, then Siblings.
Potential disadvantages of a Lasting Power of Attorney
There is less scrutiny of someone who is appointed under an LPA than under a Deputyship Order. While this means that the LPA process is quicker and cheaper, it does mean that your attorney will have extensive powers to deal with your affairs without much oversight.
The short answer is no - an attorney cannot simply change someone's will. However, in certain circumstances, they can apply to the Court of Protection for what is known as a 'statutory will'. This is a highly regulated process, and one that requires careful consideration of the donor's best interests.
Even if another relative, such as a sibling, is classed as next of kin, they cannot override the decisions made by the attorney.
Failing to keep your Will up to date
For example, getting married, buying property, having children, starting a business and getting divorced are all factors that could affect any Will you might have previously written. Some of these life changes will have a more significant effect on your Will than others.
The biggest drawback to a power of attorney is that an agent may act in a way that the principal would disapprove of. This may be unintentional if they are ignorant of the principal's wishes, or it may be intentional because they're acting in bad faith.
So, you can challenge a power of attorney if you are a close relative or next of kin; a named beneficiary in the donor's will; if you are another attorney or deputy as appointed by the Court of Protection and you want to challenge the actions or decision of another attorney; and any other interested parties as ...
The most common disciplinary complaints filed against lawyers are for:
Here are the first few in the order: Spouse. Children and their descendants (grandchildren, great-grandchildren etc.) Parents.
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What is a next of kin? Your medical next of kin is someone you nominate to receive information about your medical care. If you have not chosen a next of kin, it will usually be assumed to be a close blood relative, spouse or civil partner. This is separate to an inheritance next of kin which is not covered here.
When someone dies, their Power of Attorney is no longer valid, even if it was a Lasting Power of Attorney. Once the donor has died, their attorney has no authority to deal with their affairs unless they are named in the Will as an executor.
How to revoke power of attorney in 5 steps
Neither LPAs expire unless certain circumstances change. Once registered, both LPAs remain valid until the donor passes away, the legal document is ended either voluntarily, or because the attorney is no longer able to act on behalf of the donor.
Let a trusted person know about the cut-off for support or have someone who can step in, if necessary. Feel the uncomfortable feelings—anger, sadness, and guilt of cutting off—and acknowledge those feelings to work through them.
Yes. It is common for a trusted family member to be appointed both as attorney under a power of attorney and as executor in a will. For example, an adult child may be chosen to help a parent manage financial affairs during their lifetime if capacity is lost, and also to administer the estate after death.
Hire a Mediator. If you feel that conflict may arise when discussing unequal inheritance among your children, you can choose to hire a mediator who is a professional that can help your children work through their frustrations with your decision and be a sounding board during the discussion.
Choose your attorney
A Power of Attorney, signed by a person (the Principal), gives power to another person to act as an Agent when the Principal is unable to act for themselves—that power is generally limited to financial matters and that power can be terminated at will.
A legal document that allows you to appoint a person to manage financial and legal decisions on your behalf and continues even if you lose the ability to make decisions for yourself. It also becomes invalid when you die. A Power of Attorney is only valid during your lifetime. After death, your Will comes into effect.
Tax-free lump sum payments (where the individual dies under 75) must be made within two years of the scheme administrator being notified of the death of the individual. Any lump sum payments made after the two-year period will be taxed at the recipient's marginal rate of income tax.
If you already have some legal experience, you might see how an asset protection trust is excellent for protecting assets from litigation and creditors. By removing ownership of the valuable assets in question away from you and your immediate family members, you make those assets practically untouchable…
The simplest way to give your house to your children is to leave it to them in your will. As long as the total amount of your estate is under $15 million (per individual, in 2026), your estate will not pay estate taxes.