What Happens to Power of Attorney After Death in England

The LPA Terminates Instantly

When the donor dies, every Lasting Power of Attorney they created ends immediately and permanently. There is no wind-down period, no transitional authority, and no legal provision for the attorney to "finish off" outstanding tasks. The moment death occurs, the attorney's powers are gone.

This catches families off guard because the transition is invisible. No one revokes the LPA — it simply ceases to exist as a matter of law. The banks, utility companies, and care homes the attorney was dealing with yesterday will refuse to accept instructions from them today once they learn of the death.

What You Cannot Do as the Former Attorney

Using a terminated LPA to access accounts or make transactions after the donor's death is not just ineffective — it can create personal liability. Specifically:

You cannot withdraw money from the donor's accounts to pay funeral costs, even if you were managing those accounts an hour before the death. You cannot instruct the bank to release funds for outstanding care-home fees. You cannot sign documents, sell property, or enter contracts on behalf of the deceased.

If the bank has not yet learned of the death and you make transactions using the LPA, you could face claims for unauthorised access. The estate's beneficiaries or creditors could hold you personally responsible for any funds you moved.

Do You Still Need Probate If You Had Power of Attorney?

Having held power of attorney during the donor's lifetime does not give you any authority over their estate after death. Probate and LPA are separate legal frameworks that operate in different phases of a person's life. Whether the estate needs a Grant of Probate or Letters of Administration depends on the assets and the Will.

If probate is needed, someone applies for a Grant of Probate (if there is a valid Will naming executors) or Letters of Administration (if there is no Will). The current probate application fee is £526 for estates valued over £5,000. Processing takes 8 to 12 weeks for straightforward online applications, though complex or paper-based cases can take 16 to 24 weeks.

Until the bank accepts the personal representative's authority, sole-account assets are generally restricted. Banks may allow essential direct debits for services such as a mortgage or council tax to continue, and even that is at their discretion.

The Practical Gap Between Death and Probate

This gap is the real problem families face. The donor dies, the LPA ends, and probate takes months. During that period, there may be a funeral to pay for, ongoing household expenses, and care-home bills that were being covered by the donor's accounts.

Several practical options exist for managing this period:

Funeral costs: Most banks will release funds directly to a funeral director from the deceased's account upon presentation of the death certificate, funeral invoice, and proof of the funeral director's bank details — without waiting for probate. The payment goes to the director, not to the family.

Essential bills: Some banks allow the executor named in the Will to set up a bereavement account or continue essential direct debits during the probate process. This is discretionary and varies by bank.

Personal funds: The executor may need to pay certain costs from their own pocket and reclaim them from the estate later. This is common but should be documented carefully.

Planning Ahead

The smoothest transitions happen when the same trusted person is named as both attorney in the LPA and executor in the Will. While the legal roles never overlap, the individual already understands the donor's financial situation, knows which accounts exist, and has relationships with the relevant institutions.

Before the donor passes, the attorney should ensure they know where the Will is stored, who the named executor is (if it is someone different), and what the donor's wishes are regarding funeral arrangements. None of this requires the LPA — it is ordinary family planning — but it makes the attorney-to-executor transition far less chaotic.

For a complete walkthrough of the first 72 hours after a donor's death, including the bank notification process and probate application steps, see our Lasting Power of Attorney guide.

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