Does Power of Attorney End at Death? What Happens to an LPA When Someone Dies

In England and Wales, every type of power of attorney ends automatically the moment the person who made it (the donor) dies. That applies to a lasting power of attorney (LPA), an older enduring power of attorney (EPA) and an ordinary or general power of attorney. From that moment the attorney has no legal authority to deal with the donor’s money, property or affairs. Responsibility passes instead to the executors named in the donor’s will or, if there is no will, to the administrators appointed under the intestacy rules. The attorney’s remaining jobs are limited: tell the Office of the Public Guardian (OPG), return the LPA documents, and hand over records to whoever is dealing with the estate.

Does a lasting power of attorney continue after death?

No. An LPA only ever gives an attorney authority to act for a living donor. The Mental Capacity Act 2005 created the LPA as a way for someone to choose who makes decisions for them during their lifetime, particularly if they lose mental capacity. Once the donor dies there is no one for the attorney to act for, so the power ceases at once, whether or not it was registered and however long the attorney had been using it.

The same rule applies to both kinds of LPA, and to enduring powers of attorney made before October 2007. A property and financial affairs LPA stops covering bank accounts, bills, investments and property. A health and welfare LPA stops too, because it only dealt with the donor’s care and treatment while they were alive. Neither type gives the attorney any say over the funeral, the estate or who inherits.

Can I still use the power of attorney after the person has died?

No. Any payment made, account accessed or document signed under an LPA after the donor’s death is unauthorised. Banks freeze the donor’s sole accounts as soon as they are told of the death, and an attorney who carries on using an account, card or online banking may have to repay the money and could face a civil claim or, in serious cases, a criminal investigation. This is true even if the attorney is also the executor: the two roles are legally separate, and the executor’s authority only begins on the death.

If there are urgent costs such as the funeral, deal with the bank directly as executor or next of kin. Many banks will pay a funeral director’s invoice straight from the deceased’s account on production of the death certificate and the invoice, without waiting for probate. That is the bank’s decision, not something the attorney can authorise under the LPA.

What happens to a power of attorney when someone dies? Three things the attorney must do

1. Tell the Office of the Public Guardian. GOV.UK guidance says the attorney must report the donor’s death to OPG and send them the original LPA together with all certified copies. OPG will cancel the LPA and, unless you include a note asking for the document back with a return address, securely destroy it. OPG normally confirms the death through official records, so a death certificate is only needed if the donor died outside the United Kingdom. Write to Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH, or email customerservices@publicguardian.gov.uk, giving your own name, address and date of birth, the donor’s details and the LPA reference number.

2. Stop acting and tell the organisations you dealt with. Let the banks, pension providers, utility companies, care home, local authority and anyone else you dealt with under the LPA know that the donor has died and that you are no longer acting. Return any cards or cheque books issued to you as attorney and do not log in to online banking again.

3. Hand over to the personal representatives. As attorney you had a duty to keep the donor’s money separate from your own and to keep accounts of what you did. The executors or administrators are entitled to see those records, so gather bank statements, receipts and correspondence and pass them on. If you are also the executor, keep the attorney’s records for the period up to the death separate from the estate accounts that begin from it.

Do I need probate if I have power of attorney?

Having been the attorney makes no difference to whether probate is needed. Probate (or letters of administration where there is no will) is the court’s confirmation that a particular person has authority to collect in the deceased’s assets, pay any debts and distribute what is left. Whether it is needed depends on what the deceased owned and how it was held, not on who looked after their affairs beforehand.

GOV.UK says you may not need probate if the person who died only had savings, or held money, shares or property jointly with someone else, because joint assets usually pass automatically to the surviving owner. Where there is a house in the deceased’s sole name, or sole accounts above the limit each bank sets, a grant will almost always be required. The application fee is currently £526 for estates worth more than £5,000 and nothing for estates of £5,000 or less. Only the executors named in the will, or the closest living relatives where there is no will, can apply; an attorney has no standing to apply simply because they held the LPA. For timescales, see our guide How Long Does Probate Take?

Can a power of attorney change a will?

No. An attorney cannot make, change or revoke the donor’s will, before or after the donor’s death. A will is only valid if the person makes it themselves, with the necessary mental capacity, and signs it in front of two witnesses, and that is not a power an LPA can pass to anyone else. The only route to a new will for someone who has lost capacity is an application to the Court of Protection for a statutory will, which can only be made during the person’s lifetime.

The same caution applies to gifts. An attorney can only make modest gifts on customary occasions unless the Court of Protection has approved more, and money moved in a way that altered what the will would have passed on can be challenged by the personal representatives.

What if the attorney dies before the donor?

It depends on how the attorneys were appointed. If there was a single attorney, or several appointed to act jointly (always together), the LPA is cancelled when one of them dies unless the donor named a replacement attorney who can step in. If the attorneys were appointed jointly and severally (able to act together or independently), the surviving attorneys carry on and OPG will stamp and return the LPA to reflect the change. Either way OPG must be told and sent the original LPA and certified copies. If the LPA is cancelled, a donor who still has capacity can make a new one; if they have lost capacity, the family may need to apply to the Court of Protection for a deputyship instead.

Who arranges the funeral if I was the health and welfare attorney?

The health and welfare LPA ends on death, so it gives no authority over the funeral. In law the right to make the arrangements belongs to the executors named in the will, or to the administrators where there is no will. Families usually decide together, and any wishes the person set out in their will or a letter of wishes should be taken into account, although funeral wishes in a will are not legally binding.

Can I get power of attorney after someone has died?

No. A power of attorney can only be created by a living person with capacity, for use during their lifetime. If you need authority to deal with the affairs of someone who has died, the correct route is to apply for a grant of probate (if you are an executor) or letters of administration (if you are the closest relative and there is no will).

Gregory Abrams Davidson’s wills, probate and lasting power of attorney team in Liverpool, West Kirby and Golders Green can help if you are an attorney unsure what to do next, an executor who needs to understand what happened under an LPA, or a family that needs to put a new LPA or a deputyship in place. Contact us to talk it through.

Important: This guide is general information, not legal advice. It is based on the sources listed below and reflects the law and practice in England and Wales at the date shown. Every situation is different, and the process, timescales, costs and requirements can vary depending on your circumstances. For advice on your own situation, please contact Gregory Abrams Davidson.

Last reviewed: November 2026