A Lasting Power of Attorney (LPA) lets someone you trust make decisions on your behalf if you’re unable to do so. But what happens when the person who granted the LPA passes away? Many people assume the attorney can continue managing their affairs, but legally, it ends the moment the donor dies. In this guide, we’ll explain what happens when an LPA ends, what attorneys need to do after the donor’s death, and how to ensure a smooth transition for estate management.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions for you if you’re ever unable to. This could be due to illness, injury, or losing mental capacity. The person who sets up the LPA is called the donor, and the person (or people) they appoint to act on their behalf is the attorney. It’s a way to make sure your finances, health, and other important matters are in safe hands if you ever need support.
Is a Lasting Power of Attorney valid after death?
No, an LPA ends immediately when the person who made it (the donor) passes away. From that moment, the attorney(s) no longer have any legal authority to make decisions or manage their affairs. Instead, responsibility for handling the donor’s estate - including their money, property, and possessions - passes to the executor named in their will. If there’s no will, an administrator is appointed under intestacy laws to manage the estate.
What to do when a donor dies
If you were acting as an attorney for someone who has passed away, you will need to take the following steps:
1. Stop acting under the LPA
As soon as the donor dies, the LPA is no longer valid. Any financial transactions, medical decisions, or legal actions taken after their death under the LPA are not legally recognised. The attorney therefore must immediately stop acting under the LPA.
2. Notify the Office of the Public Guardian (OPG)
You must report the death of a donor to the Office of the Public Guardian (OPG). You’ll also need to provide the original LPA document, all certified copies of the LPA and a copy of the death certificate.
3. Hand over responsibilities to the executor or administrator
Once the LPA ends, the executor named in the donor’s will takes over. They will manage the estate, pay any outstanding debts, and distribute assets according to the donor’s wishes. If there is no will, an administrator handles the estate. They are appointed through the probate process, following UK intestacy laws.
👉 You can learn more in our guide to what is an executor of a will.
Stopping as an attorney before the donor dies
If you no longer want to act as an attorney, you can step down from your role. This is known as 'disclaiming' a Lasting Power of Attorney. If the LPA includes replacement attorneys, they will automatically take over. If no replacements were named, other options may be available to help the donor manage their decisions.
What happens if the named attorney dies?
If the person you appointed as your attorney under a Lasting Power of Attorney (LPA) passes away before you, what happens next depends on whether a replacement attorney was named in the document.
1. If a replacement attorney was named
If your LPA includes a replacement attorney, they will automatically take over the attorney’s responsibilities. This ensures there is still someone legally able to act on your behalf if needed.
2. If no replacement attorney was named
If a replacement attorney was not included in the LPA, the LPA will no longer be valid. This means:
If you still have mental capacity, you will need to set up a new LPA with a different attorney.
If you lack mental capacity, your family or loved ones may need to apply to the Court of Protection to appoint a deputy to manage your affairs. This process can be more complex, expensive, and time-consuming than having an LPA in place.
What should you do?
If you're creating an LPA, it’s a good idea to name at least one replacement attorney. This gives you a failsafe to avoid any disruptions in case your original attorney is unable to act. If you already have an LPA in place and your attorney has passed away, consider reviewing and updating your arrangements while you have capacity.
💡 Editor’s insight: “If you’re unsure whether your LPA is still valid or need help appointing a new attorney, seeking legal advice from a lasting power of attorney solicitor can help ensure your affairs remain protected.”
FAQs
Does power of attorney end at death?
Yes, all powers granted under a Lasting Power of Attorney (LPA) end immediately when the donor passes away. After this point, the attorney no longer has any legal authority to act on their behalf.
Who takes over financial matters after a power of attorney ends?
Once the power of attorney ends, responsibility for managing the donor’s finances passes to the executor named in their will. If there is no will, an administrator is appointed by the court to handle the estate.
Can an attorney still access the donor’s bank account after death?
No, as soon as the bank is notified of the donor’s death, the account is frozen. Only the executor or administrator can access the funds once they obtain the necessary legal authority, such as a grant of probate or letters of administration.
Final thoughts
Losing a loved one is never easy, and if you’ve been their attorney, you may be unsure about what happens next. Once they pass away, the LPA ends, and responsibility shifts to the executor or administrator. If you're navigating this process or need clarity on next steps, seeking legal advice can provide reassurance and guidance during this time.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.