What happens after the death of the protected party?

Upon the death of the protected party (P), the role of the deputy comes to an immediate end.

The Office of the Public Guardian (OPG) would be notified and advised who the P’s legal representative is so that the OPG can finalise their involvement.

There is a misconception that the role of the deputy can continue and that they are able to administer P’s estate. This is not correct; unless the Deputy is separately appointed as an Executor to P’s estate.

It is important that other organisations apart from the OPG are notified of P’s death and the impact that this will have on the Deputyship.

Those organisations might include:

• HMRC;
• Private Pension/Occupational Pension providers;
• Benefits agency, so that P’s benefits can be stopped and there is no overcharging to the deputy account;
• All banks, so that P’s accounts can be frozen.

It is good practice to consider paying for a pre-paid funeral plan.  The purchase of a funeral plan is sensible if P has no family and therefore nobody to organise the funeral.  However, it is always sensible to speak to family members where appropriate to discuss these sensitive matters.

Although the Deputyship account is frozen upon the death of P, the bank may agree to release monies to assist with the costs of a funeral.  It is usual practice for the bank to require a copy of the death certificate and a letter from the person who requires the money (this could be funeral directors and/or the cemetery).

If you are a lay deputy and would like further assistance on this specific issue, please contact the Court of Protection Team.