OT: Intestacy

Quite possibly. Having a "record" isn't the same as having a certified copy certificate - and the latter is probably needed to make a claim.

Reply to
Roger Mills
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Even that isn't quite right! A 'normal' POA would usually have been taken out as a short term measure to cover a specific event - such as needing someone to sign a house purchase contract on your behalf while you're abroad.

An Enduring Power of Attorney covered the long term - in cases where it was necessary to act on someone's behalf (often an ageing relative) for the foreseeable future. EPA's were in two forms - registered and unregistered. You could use an unregistered POA to act on someone's behalf as long as they had their marbles - but as soon as that was no longer the case, it had to be registered at the Court of Protection in order to carry on using it.

The one we had for my f-i-l was unregistered, and all the banks etc. were happy to give us access to his accounts. In his last few weeks of life, it was marginal as to whether we should register it - but he died before we had got round to it. It would have lapsed upon his death in either case.

Reply to
Roger Mills

Yup I realise that, I was just highlighting there was a difference in termination conditions. You could for example grant POA to someone to manage a stock portfolio for you, and that could be an ongoing process. However it would cease if you became incapable (and hence unable to explicitly terminate the POA), while the EPOA would be drafted with the express intention that it was to continue even if you became incapable.

Perhaps worth mentioning for clarification that both types start out as the same document. The attorney (possibly with the agreement of others) chooses when to register it with court of protection and it becomes a registered EPOA. (having said that, its a moot point since you can't create one now!)

Reply to
John Rumm

Latest is we've been trying to sort things out. Talked to his bank and they're happy to release funds direct to the undertaker for the funeral. Trying to find the draft copy of the will and what solicitor he used - but it's likely all in his laptop which is password protected.

Reply to
Dave Plowman (News)

Assuming it as windows box, and its not a laptop with a BIOS / Hard drive password, then go to:

formatting link
the appropriate live CD for the OS in question, burn it to disk and then boot from it. That should recover you a valid login.

(won't work if he has used full disk encryption)

Reply to
John Rumm

Thanks John - I'll try it. It is just a simple password. I did ask him why he bothered with one since he lived on his own and the answer was Windows demanded one. He wasn't very computer savvy. ;-)

Reply to
Dave Plowman (News)

If its an NT box you can frequently log on without a password as people don't know how to secure it..

start in safe mode.. get to the login screen using ctrl-alt-del.. enter user administrator.. no password.

This will log you in on most home users machines and some company machines.

You can then change the user password to something else.

Reply to
dennis

Or, if not disk encrypted, boot the pc with a linux live cd and read the files on the disk.

Reply to
djc

Job's a goodun - thanks John.

Reply to
Dave Plowman (News)

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