Q&As

The donor of a lasting power of attorney (LPA) gifted a bank account to X under their Will. Does the gift adeem if the donor's attorney under a LPA closes that bank account?

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Published on: 20 May 2021
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This Q&A assumes that the donor had full mental capacity when they made their Will.

The donor of a Lasting Power of Attorney (LPA) gifted a bank account to X under their Will. Does the gift adeem if the donor's attorney under a LPA closes that bank account?

Lasting powers of attorney

An LPA is a legal document that enables an individual (or donor) to appoint one or more people (known as attorneys or donees) to make decisions on their behalf. Unlike a general Power of attorney created under the Powers of Attorney Act 1971, an LPA continues to take effect after the Incapacity of the donor.

For more on the powers of an attorney, see Practice Note: LPAs—the attorney's duties and powers.

The doctrine of Ademption

A specific gift is said to be adeemed if the testator no longer owns the subject-matter of the gift (ie the

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Jurisdiction(s):
United Kingdom
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Key definition:
Lasting power of attorney definition
What does Lasting power of attorney mean?

When a person is unable to make their own decisions regarding their welfare, money or property, a person can be appointed to make decisions on their behalf pursuant to a legal document called a Lasting Power of Attorney.

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