What Happens to a Lasting Power of Attorney When the Donor Dies?
A Lasting Power of Attorney ends the moment the donor dies. The attorney’s authority is gone immediately — using the LPA after death is not permitted, even by minutes. Here is what the attorney must do and who takes over.
Attorney vs Executor: Two Completely Different Roles
Attorney under an LPA
- → Acts for a living person
- → Authority ends on death — immediately
- → Appointed by the donor in the LPA document
- → Registered with the Office of the Public Guardian (OPG)
- → Authority: manage donor’s affairs during life
- → After death: hand everything over to the executor
Executor under a will
- → Acts for a deceased person’s estate
- → Authority begins on death (formally confirmed by grant)
- → Appointed in the will by the testator
- → Grant of probate from HMCTS Probate Registry
- → Authority: collect, pay debts, distribute the estate
- → Continues until the estate is fully administered
The same person can be both attorney and executor — but they hold the two roles at different times, with different authority, under different legal instruments. Make clear which capacity you are acting in at each stage.
Attorney’s Checklist When the Donor Dies
Stop using the LPA immediately
No further transactions, payments, direct debits, or instructions. Any action after the date of death is without authority.
Secure any funds or documents held under the LPA
If you were managing accounts or holding documents as attorney, secure them — do not make any further payments. Record the balance and state of all accounts at the date of death.
Obtain the death certificate
Register the death (or confirm it has been registered) and obtain several certified copies of the death certificate. You will need multiple copies to send to banks, financial institutions, and the OPG.
Notify the Office of the Public Guardian
The OPG should be informed of the donor's death. The OPG will cancel the registration of the LPA. The registered LPA document should be returned or cancelled.
Notify banks and financial institutions of the death
Notify each institution of the death using the death certificate. They will freeze accounts until the executor presents the sealed grant of probate. Do not attempt to access accounts using the LPA.
Hand over all records to the executor
Provide the executor with a full account of actions taken under the LPA: income received, bills paid, assets held, any investments managed. The executor needs the complete financial picture at the date of death.
Frequently Asked Questions
Does a Lasting Power of Attorney end when the donor dies?
Yes — a Lasting Power of Attorney ends automatically and immediately on the death of the donor (the person who made the LPA). This is a fundamental rule of English law: the attorney's authority derives entirely from the donor's legal capacity. Once the donor dies, there is no capacity to delegate and no one to delegate from. The attorney has zero authority to act under the LPA after the date of death — not even for hours. Any action taken by an attorney after the donor's death is legally void and potentially constitutes fraud or theft. Banks, investment platforms, and other institutions are entitled to refuse instructions from someone purporting to act under an LPA once they are aware the donor has died. The LPA is not revoked by death — it simply ceases to have any effect.
Who takes over managing the estate after the donor dies?
After the donor's death, the relevant person is the executor (if the donor left a valid will) or the administrator (if the donor died intestate). The executor derives authority from the will itself — technically an executor's authority arises on the death, though in practice most banks and institutions require a sealed grant of probate before acting. The attorney and the executor are two completely separate roles and two completely separate legal relationships: the attorney acts for a living person; the executor acts for a deceased person's estate. In many cases the same person holds both roles — someone might be both a named attorney under the LPA and a named executor in the will. If so, they should make clear which capacity they are acting in at each stage.
What should an attorney do when the donor dies?
When the donor dies, the attorney should: (1) Stop using the LPA immediately — no further transactions, payments, or instructions; (2) Account for any funds handled — produce a record of all actions taken under the LPA so beneficiaries and the executor can verify the estate position; (3) Notify the Office of the Public Guardian (OPG) — there is a duty to notify the OPG of the donor's death. The OPG will cancel the registration of the LPA on its records; (4) Notify banks and financial institutions of the death — present a death certificate. Do NOT attempt to access accounts using the LPA after death. The bank will need a sealed grant of probate or letters of administration to release funds to the executor; (5) Hand over all financial information and records to the executor — the executor needs to know the state of the donor's finances at death to administer the estate.
Can an attorney withdraw money after the donor dies?
No. Withdrawing money under an LPA after the donor has died is not permitted — the LPA no longer has any legal effect. Any withdrawal after death using the LPA is taking money without authority. Whether it amounts to theft or fraudulent misuse depends on the circumstances (including whether the attorney knew of the death), but it is always improper. Banks increasingly cross-reference death registrations and will freeze accounts immediately on notification of death. If an attorney inadvertently withdraws money before the bank has frozen the account (e.g. because a standing order paid after death), the attorney must repay the money to the estate. An attorney who knowingly withdraws money after death faces criminal liability.
Does it matter if the LPA is a property and financial affairs LPA or a health and welfare LPA?
No — both types of LPA end on the donor's death. A Health and Welfare LPA ends on death for the obvious reason that there is no health or welfare to manage. A Property and Financial Affairs LPA ends on death because all the donor's assets have passed to their estate, which is managed by the executor, not the attorney. The Health and Welfare attorney has a further constraint even while the donor is alive — unlike the Property and Financial Affairs LPA (which can be used when the donor still has capacity if the LPA allows it), the Health and Welfare LPA can only be used when the donor lacks capacity to make decisions themselves. An attorney who makes health decisions when the donor was capable at the time exceeds their authority.
A Will and an LPA Together Cover Every Scenario
An LPA protects you while alive; a will protects your loved ones after you are gone. You need both. The WillSafe kit starts at £19.97 for England and Wales.