LPA Guide

What Happens to an LPA When the Donor Dies?

A Lasting Power of Attorney ends automatically when the donor dies. The attorney's authority ceases immediately — the executor or administrator takes over. Here is what you need to know.

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The short answer

An LPA ends automatically at the moment of the donor's death. The attorney has no further authority. The estate is then dealt with by the executor named in the will (or an administrator if there is no will) — not by the attorney. The attorney must not use the LPA after the donor has died.

Key Points to Understand

These are the most important legal principles when an LPA donor dies.

LPA ends automatically at death

A Lasting Power of Attorney ceases to have any legal effect the moment the donor dies. The attorney's authority ends immediately — they cannot use the LPA to deal with the deceased's estate, access bank accounts or transfer property.

The will takes over

After death, authority over the estate passes to the executor named in the will. If there is no will, the rules of intestacy determine who can apply for letters of administration. The attorney has no role in this process unless they are also named as executor.

Probate or letters of administration required

To deal with the deceased's assets — bank accounts, property, investments — the executor must obtain a grant of probate (or the administrator must obtain letters of administration). This is a separate legal process from the LPA.

Using an LPA after death is unlawful

An attorney who continues to use an LPA after the donor's death is acting without legal authority. This can constitute fraud or theft. Banks and financial institutions will not accept an LPA once they are notified of the donor's death.

Common Scenarios

What happens in different situations when an LPA donor dies.

Attorney is also named as executor in the will

The attorney's LPA authority ends at death, but they can then act as executor under the will. They must obtain a grant of probate before dealing with estate assets.

Attorney is not named as executor

The attorney's authority ends entirely at death. The executor named in the will takes over. The attorney has no further legal role unless they are also a beneficiary.

There is no will (intestacy)

The LPA ends at death. The next of kin (in the order set by intestacy rules) can apply for letters of administration. The attorney has no special priority to administer the estate.

Joint attorneys — one donor dies

If the LPA was for one donor and they die, the LPA ends. If there were multiple donors (unusual), each donor's LPA is separate and the death of one does not affect the other's LPA.

Attorney dies before the donor

If the sole attorney dies, the LPA can no longer be used. A replacement attorney (if appointed) steps in. If no replacement was appointed, a new LPA must be made — or if the donor has lost capacity, a deputyship application to the Court of Protection may be needed.

Property & Financial Affairs LPA — ongoing transactions

Any transactions in progress under the LPA must be stopped immediately on the donor's death. The executor takes over responsibility for completing or unwinding those transactions.

What to Do When the Donor Dies

Practical steps for attorneys and family members when an LPA donor passes away.

Notify the Office of the Public Guardian (OPG)

The OPG should be notified of the donor's death. They will cancel the registration of the LPA. You will need to provide a copy of the death certificate.

Notify banks and financial institutions

Banks and financial institutions should be notified of the death. They will freeze accounts pending probate. Do not attempt to use the LPA after this point.

Locate the will

The original will must be located. It may be held by the deceased's solicitors, at their home, or registered with the National Will Register. The executor named in the will takes over from this point.

Apply for probate

The executor must apply for a grant of probate to obtain legal authority to deal with the estate. This is a separate process from the LPA and is handled by the Probate Registry.

Administer the estate

Once probate is granted, the executor can collect assets, pay debts and distribute the estate to beneficiaries in accordance with the will.

Make a Will and LPA Together

An LPA covers decisions during your lifetime if you lose capacity. A will deals with your estate after death. Together they ensure your wishes are respected at every stage. PDA Law can prepare both documents for you.

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Frequently Asked Questions

Does a Lasting Power of Attorney end when the donor dies?

Yes — an LPA ends automatically and immediately when the donor dies. The attorney's authority ceases at the moment of death. After death, the estate is dealt with by the executor (under a will) or administrator (under intestacy rules), not the attorney.

Can an attorney use an LPA to deal with the estate after death?

No. Using an LPA after the donor's death is unlawful. The attorney has no legal authority to access bank accounts, transfer property or deal with any assets once the donor has died. Doing so could constitute fraud.

Who takes over from the attorney when the donor dies?

The executor named in the deceased's will takes over. If there is no will, the next of kin can apply for letters of administration. The attorney has no special role in the estate administration unless they are also named as executor in the will.

What if the attorney is also the executor?

If the attorney is also named as executor in the will, their LPA authority ends at death but they can then act as executor. They must obtain a grant of probate before dealing with estate assets — the LPA cannot be used as a substitute for probate.

Does the attorney need to do anything when the donor dies?

The attorney should notify the Office of the Public Guardian (OPG) of the donor's death and return the LPA document. They should also notify any banks or institutions where they were acting under the LPA. They should not take any further action under the LPA.

What happens to a Health and Welfare LPA when the donor dies?

A Health and Welfare LPA also ends at death. The attorney's authority to make decisions about medical treatment, care and welfare ceases immediately. After death, decisions about the body and funeral arrangements are made by the next of kin or executor.

Can an LPA be used to pay funeral expenses?

No. An LPA cannot be used after death, including to pay funeral expenses. However, many banks will release funds directly to pay funeral costs on production of the funeral director's invoice, without requiring probate. The executor can also authorise payment from estate funds once probate is granted.

What if the donor had no will and no LPA?

If the donor had no will, the intestacy rules determine who inherits. The next of kin (spouse, then children, then other relatives in order) can apply for letters of administration. If the donor also lacked mental capacity before death and had no LPA, a Court of Protection deputyship may have been in place — this also ends at death.

Should I make a will at the same time as an LPA?

Yes — making a will and an LPA together is strongly recommended. The LPA covers decisions during your lifetime if you lose capacity; the will deals with your estate after death. Together they ensure your wishes are respected both during your life and after it.