What Happens to an LPA When the Donor Dies?
An LPA ends the moment the donor dies — here’s what that means in practice and what happens next.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
A Lasting Power of Attorney is designed to help during someone’s lifetime. The moment the donor dies, the LPA ends — automatically, and with no exceptions. Understanding what this means for attorneys, families, and the estate is important for anyone involved.
At a glance
- An LPA ends automatically the moment the donor dies — the attorney's powers cease immediately with no exceptions
- The attorney cannot access bank accounts, sell property, or take any action after the donor's death
- Responsibility passes to the executor named in the will, or an administrator under intestacy rules if there is no will
- You should notify the OPG of the death and send a copy of the death certificate so the LPA registration can be closed
Key point: An LPA ceases to have any legal effect the moment the donor dies. The attorney’s powers end immediately — they cannot use the LPA to access bank accounts, sell property, or manage any affairs after death. A will and probate take over instead.
An LPA Ends Automatically on Death
The legal authority granted by a Lasting Power of Attorney only exists while the donor is alive. The moment they die, that authority ceases — no further action is required to end it, and no notice period applies.
This applies to both types of LPA: a Property and Financial Affairs LPA and a Health and Welfare LPA. Neither survives the death of the donor.
In practice, attorneys sometimes feel they can carry on — especially if they’ve been closely managing the donor’s finances for months or years. Using a LPA after the donor has died is not just unauthorised; it can constitute fraud.
What the Attorney Cannot Do After Death
- Access bank accounts — Banks will freeze accounts upon being notified of a death. An attorney has no right to withdraw funds after this point, even if they had full access before.
- Sell or transfer property — Any property in the donor’s sole name becomes part of the estate and can only be dealt with by the executor after probate.
- Make care or medical decisions — Health and Welfare decisions no longer apply once someone is deceased.
- Manage investments or pensions — These pass to the estate or nominated beneficiaries according to the terms of each product.
Who Takes Over When the Donor Dies?
Once the donor dies, responsibility for managing their affairs passes to the executor named in their will. The executor’s role is to apply for probate, gather the estate, pay any debts, and distribute assets according to the will.
If there is no will, the rules of intestacy apply and an administrator is appointed — usually by the next of kin — to deal with the estate. This process can be slower and more complicated than probate with a valid will in place.
Worth noting: the attorney under the LPA and the executor under the will may well be the same person. Many people choose a trusted family member for both roles. But the powers are entirely separate — the executor’s authority comes from the will, not the LPA.
LPA Attorney
Authority comes from the registered LPA. Manages the donor’s affairs during their lifetime. Powers end immediately on death.
Executor (Will)
Authority comes from the will and probate. Manages the estate after death. Has no role during the donor’s lifetime under the LPA.
This Is Why a Will Matters So Much
An LPA and a will serve completely different purposes. The LPA takes care of decisions while you’re alive but lacking capacity. The will takes care of what happens after you die. Without a will, neither your attorney nor anyone else can distribute your estate according to your wishes.
Many families assume that because an attorney has been managing everything for years, they automatically continue after death. They do not. This misunderstanding can cause delays and real distress at an already difficult time.
If you haven’t yet made a will alongside your LPA, it is worth doing both at the same time. They complement each other to give you proper coverage at every stage.
What to Do When the Donor Dies
Stop using the LPA immediately
The LPA has no legal effect after death. Do not use it to make payments, access accounts, or take any other action.
Notify the Office of the Public Guardian
Inform the OPG of the death so the LPA registration can be closed. Send a copy of the death certificate.
Locate the will
Find the original will to identify who the executor is and begin the probate process. If there is no will, seek legal advice about intestacy.
Apply for probate
The executor applies to the Probate Registry for a Grant of Probate, which gives them legal authority to manage and distribute the estate.
Notify banks and financial institutions
Inform banks, pension providers, and other institutions of the death. They will freeze accounts until probate is granted.
Joint Bank Accounts and Death
If the donor held a joint bank account with another person — a spouse, for example — that account typically passes automatically to the surviving account holder. This happens outside of probate and the LPA. The surviving holder can access the account using their own right, not the LPA.
Sole accounts, however, are frozen and require probate before access is granted. Banks will ask for the Grant of Probate before releasing funds to the executor.
Prevention is better than cure. A properly drafted LPA can prevent many of these problems. Learn how our service works or see pricing.
Key Takeaways
- The LPA ends instantly on death — there is no grace period and no further actions can be taken under it
- Using an LPA after death is fraud — even if the attorney has been managing finances for years, their authority ceases the moment the donor dies
- The executor takes over — responsibility for the estate passes to the executor named in the will, or an administrator appointed under intestacy rules
- Notify the OPG and all financial institutions — send the death certificate to close the LPA registration and freeze accounts appropriately
- An LPA and a will work together — the LPA covers decisions during your lifetime, while the will covers what happens after death
Common Questions About LPAs and Death
Does an LPA end when the donor dies?
Yes, a Lasting Power of Attorney ends automatically when the donor dies. The attorney’s legal authority ceases immediately at the point of death and cannot be used for any purpose after that point.
Can an attorney access bank accounts after the donor dies?
No. An attorney’s authority ends on the death of the donor. Bank accounts are frozen upon death and can only be accessed by the executor of the estate once probate has been granted, or by a named survivor on a joint account.
Who takes over after the donor dies?
After the donor dies, the executor named in their will takes over responsibility for managing the estate. If there is no will, an administrator is appointed under the rules of intestacy. The LPA attorney has no role in this process unless they are also named as executor.
Do I need to notify the OPG when the donor dies?
You should notify the Office of the Public Guardian when the donor dies so the LPA registration can be closed. You will need to provide a copy of the death certificate. The OPG does not automatically find out about deaths.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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