Power of Attorney After Death UK: What Happens to an LPA When Someone Dies?
Updated 13 May 2026 · 8 min read · England & Wales
The one rule that matters
A Lasting Power of Attorney ends automatically and immediately when the donor dies. There is no grace period. Attorneys must stop acting at once. After death, the executor named in the will takes over — not the LPA attorney (unless they are the same person). If there is no will, the intestacy rules and Letters of Administration govern who administers the estate.
Why this matters — and why people get confused
When someone has been managing a loved one’s finances under a Lasting Power of Attorney for months or years, the transition at death feels abrupt and unclear. Many attorneys assume their authority continues, at least temporarily, to deal with the practical aftermath — paying outstanding bills, closing accounts, managing the funeral.
This assumption is incorrect. The LPA ends the moment of death, not when the attorney is informed, not when the death certificate is issued, and not when the Grant of Probate is obtained. Continuing to act — even for a day, even with good intentions — is unauthorised and potentially unlawful.
LPA vs executor — what each document covers
| Factor | LPA (during life) | Executor / will (after death) |
|---|---|---|
| Applies | During donor’s lifetime | After death only |
| Triggered by | Loss of mental capacity (or with consent) | Death of the testator |
| Authority comes from | Registered LPA (Office of the Public Guardian) | Grant of Probate (Probate Registry) |
| Acts in name of | The donor (as their attorney) | The estate |
| Ends when | Donor dies, revokes, or loses capacity to revoke | Estate fully administered |
| Governed by | Mental Capacity Act 2005 | Wills Act 1837, Administration of Estates Act 1925 |
What an attorney must do when the donor dies
On learning of the donor’s death, a Property and Financial Affairs LPA attorney should take the following steps:
- Stop all financial activity immediately. Do not make further payments, transfers, or financial decisions in the donor’s name. Cancel any standing orders or direct debits you control through the LPA.
- Notify the Office of the Public Guardian (OPG). You must report the donor’s death to the OPG as soon as possible. Send the original registered LPA with a covering letter and a copy of the death certificate. The OPG will close the LPA register entry. Contact: 0300 456 0300 or opgcorrespondence@publicguardian.gov.uk.
- Notify banks and financial institutions. Provide each institution with a copy of the death certificate. They will freeze sole accounts immediately. Do not attempt to withdraw funds after this point.
- Locate the will and contact the executor. The executor is now the legally authorised person to deal with the estate. Pass on all relevant financial records, account details, and correspondence you held under the LPA. If you are also the executor, you now act in that different capacity — but only once you have the Grant of Probate for sole assets.
- Keep records of your final accounting. As an attorney, you had a duty to keep accounts. Your final records should be available to the executor and, if challenged, to the OPG.
The executor’s authority after death
While an executor’s authority technically derives from the will (not the Grant of Probate), most institutions will not release solely held assets without the formal Grant. The executor must apply to the Probate Registry — online if there is a will (typically 4–8 weeks) or by paper for Letters of Administration if there is not (8–16 weeks).
There are limited things an executor can do before the Grant: registering the death, arranging the funeral (funeral directors will accept an undertaking to pay from the estate), and gathering information about assets and liabilities. They cannot sell property, close bank accounts, or distribute assets until the Grant is in their hands.
Why you need both an LPA and a will
The LPA and the will serve entirely different functions that together cover your whole life:
- The LPA protects you if you lose mental capacity before you die — ensuring someone you trust can manage your finances and make healthcare decisions without a costly Court of Protection application.
- The will protects your estate after you die — ensuring your assets go to the right people, your executor is your choice, and your minor children have a named guardian.
An LPA with no will means your affairs are managed during incapacity, but your estate falls to intestacy on death. A will with no LPA means your estate is properly administered after death, but a sudden incapacity event leaves your family legally powerless until the Court of Protection acts. Both documents together provide complete coverage.
Frequently asked questions
Does a Lasting Power of Attorney end when the donor dies in the UK?+
Yes — a Lasting Power of Attorney ends automatically and immediately on the death of the donor. There is no grace period, no transition period, and no extension. The attorney's authority ceases at the moment of death, regardless of whether the attorney has been informed, whether the LPA was registered, or how long they had been acting. Continuing to act under an LPA after the donor's death — even with good intentions — exposes the attorney to personal liability.
What must an LPA attorney do when the donor dies?+
Immediately on learning of the donor's death, an attorney must: (1) Stop all transactions and decisions made under the LPA authority. (2) Notify the Office of the Public Guardian (OPG) of the donor's death using form LPA002 or by contacting the OPG directly. (3) Notify banks, pension providers, and other institutions — they will require the death certificate and freeze sole accounts. (4) Hand over relevant documents and information to the executor named in the will. If the estate has assets requiring probate, the executor must apply for a Grant of Probate before they can access those assets.
Can the same person be both an LPA attorney and an executor in the UK?+
Yes — many people name the same trusted person as both their LPA attorney and their executor. This is often a practical choice: the same person who has been managing your finances during incapacity simply transitions into the executor role after death, providing continuity and familiarity with your affairs. However, the two roles are legally distinct. The attorney's authority comes from the registered LPA; the executor's authority comes from the Grant of Probate. The transition from one role to the other happens automatically at the moment of death.
What authority does an executor have compared to an LPA attorney UK?+
An LPA attorney acts in the donor's name during their lifetime — managing bank accounts, signing documents, making decisions. An executor acts in the name of the estate after death — collecting assets, paying debts, and distributing to beneficiaries. The executor's authority is confirmed by the Grant of Probate (issued by the Probate Registry), whereas the attorney's authority comes from the registered LPA (issued by the Office of the Public Guardian). Neither document gives authority in the other domain: an LPA has no power over a deceased person's estate, and a will/Grant of Probate has no effect during life.
What happens if there is no will and the LPA attorney also dies first UK?+
If there is no will, the estate falls under the intestacy rules (Administration of Estates Act 1925). The closest relative in the statutory priority order can apply for Letters of Administration to administer the estate. If the LPA attorney was also the donor's only close relative and predeceased them, the estate may need to be administered by a more distant relative or, ultimately, a creditor. This is one of the most important reasons to have both a will and an LPA: each document covers a different phase of life, and both are needed to protect your estate and your loved ones.
Is there such a thing as power of attorney over a deceased person's estate UK?+
Not in the way people sometimes imagine. After death, there is no single document that operates like a 'power of attorney for the estate'. Instead, the executor named in the will is appointed by the Grant of Probate to administer the estate — and if there is no will, the administrator is appointed by the Probate Registry through a Grant of Letters of Administration. Neither of these is a power of attorney: they are court-issued authorities to deal with the estate. An LPA has no relevance to a deceased person's estate.
What if the attorney tries to continue acting after the donor's death UK?+
Continuing to act after the donor's death — transferring funds, signing documents, making financial decisions — is not authorised by the LPA, which ended at death. If the attorney misappropriates assets this way, they may face civil liability to the beneficiaries of the estate and potentially criminal liability for fraud or theft. Banks should be notified immediately on death so that sole accounts are frozen: this prevents unauthorised use regardless of who holds the original LPA document.
An LPA and a will — you need both
An LPA covers incapacity; a will covers death. Neither can do the other’s job. WillSafe UK provides a plain-English will kit and LPA Guidance Pack so you can put both documents in place affordably.