What Happens to Power of Attorney After Death in the UK

What Happens to Power of Attorney After Death?

If you held power of attorney for someone who has died, the single most important thing to know is this: your authority ended the moment they died. A Lasting Power of Attorney (LPA) only operates during the donor's lifetime. After death, the estate passes to the executor named in their will, or to an administrator if there is no will.

Why This Matters

This is not a technicality. Continuing to act under a power of attorney after death, even with good intentions, can expose you to serious consequences including personal liability and, in extreme cases, fraud charges. Even paying a bill from their account after they have died could be problematic.

What You Must Do Immediately

1. Stop All Transactions

Do not use the person's bank accounts, pay their bills, or make any financial decisions on their behalf. Your legal authority to do so has ended.

2. Notify the Office of the Public Guardian (OPG)

Contact the OPG to inform them of the death. You will need to:

• Return the original LPA document
• Return any certified copies
• Send a copy of the death certificate

You can notify the OPG by post or through their online service. There is no fee for this.

3. Notify Banks and Financial Institutions

Let the banks know that the person has died and that you are no longer acting as attorney. They will freeze the accounts until the executor or administrator provides the necessary documentation (usually a grant of probate or letters of administration).

Who Takes Over? Attorney vs Executor

Role	Attorney (LPA)	Executor (Will)
When active	During the person's lifetime	After the person's death
Purpose	Managing welfare and finances during incapacity	Administering and distributing the estate
Authority comes from	Registered LPA document	The will and grant of probate
Appointed by	The donor	The person who made the will

It is common for the same person to be both attorney and executor. If that is your situation, you need to understand that you are now operating under a completely different legal authority. Everything you do from this point relates to the will and the probate process, not the LPA.

Common Mistakes to Avoid

These actions after death could create legal problems for you:

• Paying bills from the deceased's account (even utility bills)
• Collecting benefit payments on their behalf
• Distributing belongings such as jewellery or personal items
• Making investment decisions about their assets
• Selling property without proper authority as executor

All of these fall to the executor or administrator, not the attorney.

What If There Is No Will?

If the person died without a will (known as dying intestate), the attorney's role still ends immediately. The estate will be handled by an administrator who applies to the court for letters of administration. The estate is then distributed according to the UK rules of intestacy, which prioritise:

1. Spouse or civil partner
2. Children
3. Parents
4. Siblings
5. More distant relatives

It is worth noting that unmarried partners and stepchildren have no automatic right to inherit under intestacy rules, regardless of the length of the relationship.

What If the Attorney Dies First?

If you named replacement attorneys in the LPA, they step in automatically. If the LPA was set up as "joint and several," the surviving attorneys can continue acting. However, if a sole attorney dies and no replacement was named, and the donor lacks mental capacity, the situation becomes legally complex and may require a court application to the Court of Protection.

This is one reason why naming replacement attorneys when setting up an LPA is so important.

What About Enduring Powers of Attorney (EPA)?

Enduring Powers of Attorney, which were replaced by LPAs in 2007, follow the same principle. An EPA also ends on the death of the donor. The same steps apply: stop acting, notify the OPG, and return the documents.

Getting Support

The transition from attorney to the probate process can feel confusing, especially when you are also grieving. If you are unsure about your responsibilities, a probate solicitor can clarify what needs to happen next.

GetPassage can help you track the tasks involved in estate administration, from notifying the OPG to applying for probate, so you can stay organised during a difficult time.