A UK power of attorney does end after the death of the donor and here we explain the circumstances.
If you are thinking of creating a Lasting Power of Attorney, you will find information online at sites such as https://powerofattorneyonline.co.uk/.
What is an LPA?
It is a legal instrument allowing a donor to appoint a trusted individual or more to take care of property or financial affairs or their health and welfare
Does the LPA continue after the death of the donor?
No, an LPA comes to an end on the death of the donor and attorneys cease to have any authority. The Office of the Public Guardian, with whom the document is registered, should be notified.
What action should attorneys take after a donor dies?
Attorneys need to halt any action they have been undertaking under the LPA. Then they should contact the OPG to confirm the death of the donor, providing the original document which gave them powers of attorney, any certified copies and a copy of the certificate registering the death of the donor.
It is important to understand that attorneys cannot continue to manage the affairs of the donor. When a will is in place, the executor or executors will take over responsibility for the distribution of the estate of the donor.
Death of an attorney
If an attorney dies before the donor, a nominated person in the LPA can take their place. If a single attorney is nominated and pre-deceases the donor, and no replacement is provided for, the LPA is no longer valid.
