Does a Lasting Power of Attorney End When the Donor Dies?

Many people who have been acting as attorneys for a loved one are surprised — and sometimes confused — to learn that the LPA they have relied on ceases to have any effect the moment the donor dies. This is one of the most misunderstood aspects of power of attorney law. Understanding exactly what happens and what authority you do and do not have is essential to avoid making costly mistakes in the immediate aftermath of a death.

Why a Lasting Power of Attorney Ends at Death

A Lasting Power of Attorney is a legal document by which the donor (the person who makes the LPA) grants authority to one or more attorneys to act on their behalf. The key word is “behalf” — the attorney acts as the donor’s agent, making decisions as the donor would make them.

Once the donor dies, there is no longer anyone on whose behalf the attorney can act. The donor no longer has a legal personality that can be represented. The LPA therefore ceases automatically — it is not a document that needs to be formally revoked, cancelled, or returned. It simply has no legal effect from the moment of death.

This rule applies equally to both types of LPA:

• Property and Financial Affairs LPA: Ceases at death. The attorney can no longer access bank accounts, sell property, or manage investments on behalf of the donor.
• Health and Welfare LPA: Ceases at death. The attorney can no longer make medical decisions or welfare decisions. Decisions about the body and funeral arrangements pass to the executor (or next of kin if there is no will) not to the former attorney.

The position is the same regardless of how long the LPA was in use, how recently it was registered, or whether the Office of the Public Guardian has been notified of the death.

The Risk of Using an LPA After the Donor’s Death

An attorney who uses an LPA after the donor’s death — for example, by accessing the donor’s bank accounts, signing documents, or making financial transactions — is acting without legal authority. This can have serious consequences:

• Personal liability: The attorney may be held personally liable for any transactions carried out using the LPA after death. If assets are moved or spent incorrectly, the attorney may need to repay them to the estate.
• Criminal risk: In serious cases, using an LPA after the donor’s death to access funds could constitute fraud or theft, particularly if the attorney benefits personally from the transactions.
• Breach of bank terms: Banks that are made aware a donor has died will freeze the account immediately. If a bank subsequently discovers that an attorney accessed funds after the donor’s death, it may reclaim those funds from the attorney.

It is therefore essential that anyone acting as an attorney stops using the LPA the moment the donor dies. Any urgent financial matters — such as paying outstanding bills — should be suspended until proper authority is in place through the probate process. Banks will typically allow reasonable expenses (such as the cost of registering the death) to be reimbursed once probate is complete.

What Authority Replaces the LPA After Death

After the donor dies, legal authority to manage their affairs transfers to a completely different source of authority:

• If there is a will: The executor named in the will has authority to administer the estate. That authority arises from the will itself, even before the grant of probate is obtained. However, in practice, most financial institutions will not release funds until a grant of probate has been issued by the Probate Registry.
• If there is no will (intestacy): The closest relatives — in the order set out in the Administration of Estates Act 1925 — are entitled to apply for letters of administration, which gives them authority to administer the estate. Until letters of administration are granted, no one formally has authority to deal with the estate assets.

It is common for people to confuse the attorney’s former role with executor authority. They are entirely distinct. An attorney derives authority from the LPA; an executor derives authority from the will and the grant of probate. These are separate legal instruments and one does not automatically follow from the other.

When the Attorney Is Also an Executor

It is quite common for the same person to have been acting as an attorney under an LPA and to also be named as an executor in the donor’s will. In this situation, the transition of authority needs to be managed carefully to avoid confusion.

The moment the donor dies, the attorney role ends and the executor role begins. In practical terms, this means:

• Stop using the LPA documentation immediately — do not present it to banks or other institutions as justification for any actions taken after the death
• Begin acting in your capacity as executor — this means notifying relevant parties of the death, protecting estate assets, and applying for the grant of probate
• Keep a clear distinction in your records between actions taken under the LPA before the death and actions taken as executor after the death — this helps with estate accounts and avoids any suggestion of misuse

If you are unsure about the transition — for example, if the donor died whilst you were in the process of completing a transaction under the LPA — seek legal advice before proceeding. A solicitor specialising in estate administration can clarify your authority and help ensure the transaction is completed correctly.

If You Were an Attorney But Are Not Applying for Administration

If the donor died without a will and you were the attorney but are not entitled or do not wish to apply for letters of administration, it is important to understand clearly that you have no authority to deal with the estate at all. Any actions you take could expose you to liability.

In this situation, you should:

• Cease all actions relating to the estate immediately
• Contact the nearest entitled relative (spouse, then children, then parents, in order) to notify them of the death and inform them of the need to apply for letters of administration
• If there are urgent matters — for example, a property that needs to be secured or pets that need care — contact a solicitor for advice on what steps, if any, you are permitted to take as a private individual rather than as an attorney or administrator
• Preserve any records of actions you took under the LPA before the death, as the administrator may need these for the estate accounts

If there is no one willing or able to administer the estate, the Crown can act through the Treasury Solicitor’s Department under the doctrine of bona vacantia (ownerless property). However, this is very much a last resort and usually arises only when there are genuinely no entitled relatives.