What Happens to Power of Attorney When Someone Dies?

This is one of the most commonly asked questions about Lasting Powers of Attorney, and the answer is clear: an LPA ends immediately when the donor dies.

The moment the person who created the LPA passes away, the attorney's authority ceases. There is no grace period, no winding-down phase, and no transitional powers. The attorney can no longer make any decisions or carry out any transactions on behalf of the deceased person.

This catches many families off guard. Understanding what happens — and what to do next — can prevent confusion, legal problems, and unnecessary stress during an already difficult time.

The Legal Position: LPA Ends at Death

Under the Mental Capacity Act 2005, a Lasting Power of Attorney exists to allow someone to make decisions for a living person who cannot make them for themselves. Once the donor dies:

The attorney's authority ends completely
Any actions taken after death are legally invalid
The will (or rules of intestacy) takes over
The executor or administrator of the estate assumes responsibility

This is an automatic legal consequence of death. There is no need to formally revoke or cancel the LPA — it simply ceases to have effect.

What Must the Attorney Do After the Donor Dies?

If you are acting as someone's attorney and they pass away, here is what you need to do:

Immediately:

Stop making any decisions or transactions under the LPA
Do not access the donor's bank accounts using the LPA
Do not sign anything on the donor's behalf
Secure any LPA documents you hold

Within a few days:

Notify the Office of the Public Guardian (OPG) of the death
You can do this online, by phone, or by post
The OPG will update their records and cancel the registration

As soon as possible:

Notify banks and financial institutions that the donor has died
Return the original LPA document if requested by the OPG or executor
Hand over any financial records, documents, or assets to the executor of the will
Provide an account of any actions you took as attorney, if requested

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Common Mistakes Attorneys Make After Death

1. Continuing to use the LPA

Some attorneys, especially grieving spouses, continue to use the LPA to access bank accounts or pay bills after the donor dies. This is understandable — bills still need paying and funeral costs arise — but it is technically illegal.

Any transactions made after death can be challenged and may need to be reversed. Banks can hold attorneys personally liable for money withdrawn after death.

2. Not notifying the OPG

The Office of the Public Guardian needs to know that the donor has died so they can update their records. Failing to notify them does not create legal problems, but it is part of the proper process.

3. Disposing of LPA documents

Keep the LPA documents safe and hand them to the executor. They may be needed as part of the estate administration to demonstrate what financial actions were taken during the donor's lifetime.

What Takes Over After Death?

Once someone dies, their affairs are governed by:

If they left a valid will:

The executor named in the will takes charge of the estate
The executor applies for a Grant of Probate
The executor uses probate to manage assets, pay debts, and distribute the estate

If they did not leave a will (intestacy):

The rules of intestacy determine who inherits
A family member applies to be the administrator of the estate
They apply for Letters of Administration
The administrator distributes the estate according to intestacy rules

Key point: The executor or administrator has completely separate legal authority from the attorney. Being someone's attorney does not automatically make you the executor of their estate.

Can an Attorney Also Be the Executor?

Yes. It is very common for the same person to be both the attorney under an LPA and the executor under a will. For example, a spouse might be both.

However, the two roles are entirely separate:

Attorney powers end at death
Executor powers begin at death (once probate is granted)

There may be a gap between death and probate where neither the attorney nor executor can easily act. This is why funeral planning and having accessible funds for immediate expenses is important.

The Gap Between Death and Probate

One of the most frustrating aspects of this transition is the gap:

LPA powers end the moment of death
Probate powers begin when the Grant of Probate is issued (typically 8 to 16 weeks after application)

During this gap, no one may have legal authority to access the deceased's accounts. Banks may freeze accounts upon being notified of the death.

Practical solutions:

Most banks will release reasonable amounts for funeral costs directly to the funeral director
Some banks allow small withdrawals for essential bills
Insurance policies may pay out independently
Joint accounts typically remain accessible to the surviving holder

LPA vs Will: Why You Need Both

Many people think they only need one or the other. In reality, you need both, because they cover different periods:

LPA

Will

When it operates	During your lifetime	After your death
What it covers	Decisions when you lack capacity	Distribution of your estate
Who acts	Your attorney(s)	Your executor(s)
Registered with	Office of the Public Guardian	Probate Registry
Created with	myLPA from £74	Solicitor or will-writing service

Think of it this way:

Your LPA protects you while you are alive but cannot make decisions
Your will protects your family after you have gone

Without an LPA, your family faces the Court of Protection. Without a will, your estate is distributed by rigid intestacy rules that may not reflect your wishes.

What About Health and Welfare LPA After Death?

A Health and Welfare LPA also ends at death. However, there is an important consideration:

End-of-life decisions: If the Health and Welfare LPA includes authority over life-sustaining treatment, the attorney may need to make critical decisions right up until the moment of death. The LPA remains valid for these decisions as long as the donor is alive.

After death: The attorney has no authority over what happens to the body, funeral arrangements, or organ donation — unless the donor left separate instructions. These matters fall to the executor or next of kin.

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Notifying the OPG: How to Do It

When the donor dies, you should notify the OPG:

Online: Through the OPG website (gov.uk)

By post: Send a written notification to: Office of the Public Guardian PO Box 16185 Birmingham B2 2WH

Include:

The donor's full name
The donor's date of birth
The LPA reference number (if known)
The date of death
A copy of the death certificate (if available)

The OPG will cancel the registration and update their records.

What Happens to Gifts Made Under the LPA?

If the attorney made gifts during the donor's lifetime (as permitted under the LPA), these gifts stand after death. They are not reversed.

However, if gifts were made improperly — outside what the LPA allowed — these could be challenged as part of the estate administration. The executor might seek to recover improperly made gifts.

This is why keeping careful records as an attorney is so important. Detailed records protect both the attorney and the estate.

Frequently Asked Questions

Does Power of Attorney automatically end when someone dies?

Yes. The LPA ends immediately and automatically at the moment of death. No formal cancellation is needed — the attorney simply loses all legal authority.

Can I use my parent's LPA to pay for their funeral?

No. Once your parent dies, the LPA is no longer valid. Funeral costs are paid from the estate. However, most banks will release funds directly to a funeral director upon seeing a death certificate.

Do I need to notify the bank about the death?

Yes. You should notify all financial institutions. If you were acting as attorney, make clear that the LPA is no longer in effect and that the executor of the estate will be taking over.

What if I accidentally used the LPA after the person died?

Contact the bank or institution immediately, explain the situation, and offer to reverse the transaction. Most organisations understand that this happens, especially in the immediate aftermath of a death. Acting in good faith is important.

Can the executor and the attorney be the same person?

Yes, this is very common. But remember that the two roles are legally separate. Your authority as attorney ends at death; your authority as executor begins once probate is granted.

What if there is no will?

The rules of intestacy apply. A family member (usually the spouse or eldest child) can apply to be the administrator of the estate. This is separate from the LPA.

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Protect Your Family at Every Stage

An LPA protects you during your lifetime. A will protects your family after you are gone. Together, they ensure your affairs are always in trusted hands.

Create your Lasting Power of Attorney today with myLPA — the UK's most affordable LPA service at just £74.

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What Happens to Power of Attorney When Someone Dies?