This guide explains Lasting Powers of Attorney in England and Wales in plain English. It is not legal advice. The official forms and the GOV.UK online service are free. Settle is not connected to the Office of the Public Guardian or GOV.UK.

What happens to a Lasting Power of Attorney when someone dies?

Written by Settle Editorial Team · Last reviewed · 7 min read

Checked against GOV.UK, the Public Guardian practice note on notification of death and the Mental Capacity Act 2005 s.13 on 18 October 2026.

Quick answer

A Lasting Power of Attorney ends automatically when the donor dies. From that moment the attorneys can no longer act, and the executors or personal representatives deal with the estate instead. Tell the Office of the Public Guardian (OPG) by email, phone or letter, and send the original LPA and any certified copies so it can be cancelled. Tell Us Once does not notify OPG, so contact it separately.

Key takeaways
  • The LPA stops at death. The executor, not the attorney, deals with the estate.1
  • OPG usually checks the death itself, so you don't normally need to send a death certificate unless it asks.2 The exception: if the donor died outside the UK, GOV.UK says to send a copy of the death certificate.8
  • OPG destroys the returned LPA unless you include a covering letter asking for it back, with a return address.2
  • If an attorney dies, the LPA may carry on through a replacement or a remaining joint-and-several attorney.16

If you were looking after someone's affairs as their attorney, their death can feel like a sudden stop: one day you were paying their bills, and the next you're not allowed to. That's how the law works, and it doesn't mean you did anything wrong. Here's what to do with the LPA, and how to hand over to whoever is dealing with the estate. If that's you, Settle's probate guides pick up from here.

What changes at the moment of death

Before death After death
Who makes decisions about money and propertyThe donor, or the attorney under the LPAThe executor (named in the will) or administrator
Can the attorney use the LPA?Yes, once registeredNo: the LPA has ended1
What authority is usedThe registered LPAThe will, and a grant of probate or letters of administration if needed
What to do with the LPAKeep it safeSend it to OPG for cancellation (below)2

Some attorneys are also the executor. If that's you, you're simply switching roles: you now act under the will (or the intestacy rules), not the LPA. See Executor duties explained.

How to tell OPG

  1. Contact OPG by email, phone or letter.2
    • Email: customerservices@publicguardian.gov.uk
    • Phone: 0300 456 0300 (Monday, Tuesday, Thursday and Friday 9am to 5pm; Wednesday 10am to 5pm)
    • Post: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH5
  2. Send the original LPA and any certified copies for cancellation.2
  3. You don't normally need a death certificate. OPG usually checks the death itself, so only send one if OPG asks.2 If the donor died outside the UK, you must also send a copy of the death certificate.8
  4. If you'd like the LPA back, include a covering letter asking for it, with a return address. Otherwise it is destroyed.2

GOV.UK confirms OPG "will cancel the LPA if the donor dies".3

Tell Us Once doesn't cover this. Tell Us Once reports a death to most government organisations in one go, but OPG isn't on GOV.UK's list of the organisations it notifies, so contact OPG separately.4 More on what Tell Us Once does cover: Tell Us Once explained.

Handing over to the executor

The attorney's job ends, but the knowledge they built up is valuable. A short handover can make the executor's job easier.

Useful things to pass on

  • A list of the bank, savings, pension and benefit accounts you dealt with, and who you spoke to
  • Recent statements, letters and reference numbers
  • Any bills you'd set up or were paying, and anything paid shortly before the death
  • Records of any expenses you claimed as attorney
  • Where the original will and other important papers are kept

Things to stop doing

  • Making payments or transfers from the donor's accounts using the LPA
  • Signing anything on the donor's behalf as attorney

Each bank has its own process after a death. Ask the bank for its bereavement team. Settle's guides cover how to notify banks after a death and who to contact after a death.

If it was an attorney who died

The donor's LPA doesn't automatically end when an attorney dies. That attorney's part ends, and:16

  • if a replacement attorney was named, they can step in;
  • if attorneys were appointed jointly and severally and at least one remains, they can carry on;
  • if the attorney was the only one, or attorneys were appointed jointly with no replacement, the LPA may not be able to continue.

Contact OPG to ask how this affects the LPA. If the donor still has capacity, they may want to think about whether a new LPA is needed.

Other powers and appointments

  • Enduring Power of Attorney (EPA). Only EPAs made before 1 October 2007 can still be used.7 If the person had a registered EPA, contact OPG about what to do with it.
  • Deputyship. When the person dies, the deputyship ends. OPG may ask the deputy for a final report, and the deputy must tell the Court of Protection if any court applications are ongoing.2
  • A deputy who dies. If a sole deputy, or one of several joint deputies, dies, the deputyship ends. If deputies were appointed jointly and severally, the surviving deputy can carry on.2

If you're dealing with the estate, these Settle guides follow on from here:

Not sure whether the estate needs probate? Settle's free probate assessment takes a few minutes.

Frequently asked questions

Can I pay for the funeral using the LPA?

No. The LPA ends at death, so the attorney can't use it for anything, including the funeral. Talk to the executor and the bank about how funeral costs can be paid from the estate.1

Do I need to tell OPG if the LPA was never registered?

OPG cancels registered LPAs. If the LPA was never registered, it can't be used and ends at death anyway. If you're unsure whether it was registered, contact OPG.13

I was the attorney. Am I now the executor?

Not automatically. The executor is the person named in the will. If there's no will, the rules of intestacy decide who can apply to deal with the estate. See Probate without a will.

Do I have to send a death certificate?

Not normally. OPG usually checks the death itself and will ask if it needs one.2 The exception is a donor who died outside the UK: then send a copy of the death certificate with the LPA.8

A gentle note for the family

After a death, some families find themselves talking about the surviving husband, wife, partner or parent, and whether they'd want their own LPA. There's no rush, and it's entirely their choice. If and when they're ready, our guide to making an LPA explains the steps.

LPA Family Pack cover
Lasting Power of Attorney Family Pack
Make your Lasting Power of Attorney the easy way.
A step-by-step guide and workbook for families, from first decision to registered LPA.
  • Know what to do after it's registered
  • Decide who should be your attorneys, with simple worksheets
  • Check if you pay £92, half, or nothing
  • Get every signature in the right order first time
Get the LPA Family Pack — £4.99 →
One-off · instant PDF · The official forms are free on GOV.UK. This pack helps you get them right.

This guide is general information, not legal advice. If the estate is complex or there is a dispute, consider speaking to a probate solicitor.

Sources & references

The figures and rules in this guide are drawn from the official and charity pages below, checked on 18 October 2026. Each link opens the page itself. Always confirm current figures on GOV.UK before you act, as fees and processing times change.

  1. End your lasting power of attorney — GOV.UK
  2. Public Guardian practice note: notification of death — GOV.UK
  3. Changes you need to report — GOV.UK
  4. Organisations you need to contact and Tell Us Once — GOV.UK
  5. Make, register or end a lasting power of attorney (contact details) — GOV.UK
  6. Mental Capacity Act 2005, section 13 — legislation.gov.uk
  7. Enduring power of attorney: your duties — GOV.UK
  8. Manage a lasting power of attorney: changes you need to report — GOV.UK
Checked against the published official guidance listed above.

Settle publishes general information about Lasting Powers of Attorney in England and Wales. It is not a law firm, does not provide legal advice, and does not prepare, check or register LPAs. For advice about your situation, speak to a solicitor or a free advice service.