Is a power of attorney still valid after death?

There are two kinds of Lasting Power of Attorney, one referring to property and finances, and the other to health care.

You can create a power of attorney online at sites such as //powerofattorneyonline.co.uk/, but whichever kind of LPA you have created will be affected by the death of either the donor or an attorney. Here we look at those circumstances.

Death of the Donor of an LPA

A Lasting Power of Attorney is valid for the lifetime of the donor. The death of the person who made the LPA must be reported to the Office of the Public Guardian. The OPG has now simplified the process to help families and attorneys in what are difficult circumstances.

You must notify the OPG by email, letter or through a telephone call. You then need to return the LPA to the OPG, who will use Life Event Verification to confirm the death and reply. They will then dispose of any registered LPA.

It is important that attorneys do not carry out actions under the LPA after the death of the donor, as it terminates on death.

Death of an Attorney

The death of an attorney named in the LPA before the donor also needs action, and the survival of the LPA will depend on the details contained in the document. There are a number of possible outcomes.

If a replacement attorney has been named in the LPA, they will take over from the deceased. If, however, there is only one attorney named and no replacement has been nominated, the LPA ends with the death of the named attorney. The donor will then have to create a new LPA, but they must have the mental capacity to do so.

There may be multiple attorneys named in the original document, and provided the LPA makes clear that they can act individually, the LPA will still be valid. If, however, the multiple attorneys can only act jointly, then depending on the specific terms, the Lasting Power of Attorney may now be invalid due to the attorney’s death.