Can you use a Power of Attorney After Death?

17th December 2025

Updated: Thursday 29th January 2026

Can You Use a Power of Attorney After Death? is a question many people ask when planning ahead or dealing with a loved one’s affairs. It is a common misconception that a Power of Attorney continues once someone has died, but in UK law it stops immediately. Understanding what happens to the document, the authority it granted, and who takes over responsibility for the estate can help families avoid confusion, delays and unintended legal problems at a difficult time.

Does Power of Attorney continue after death in the UK?

No. A Power of Attorney automatically ends the moment the donor dies.
Whether it is an Ordinary Power of Attorney, a Lasting Power of Attorney (LPA), or an Enduring Power of Attorney (EPA), the legal authority instantly stops when the donor passes away.

From that moment, the attorney has no legal right to access accounts, make decisions, pay bills, sell property, or manage the donor’s affairs.

If the Power of Attorney ends, who takes over after death?

Once the donor dies, the executor named in the Will becomes responsible for managing the person’s estate. Their authority comes from the Will and is confirmed through a legal document called a Grant of Probate.

If there is no Will, the next of kin applies to become the administrator under intestacy rules, using a document called Letters of Administration.

Attorneys do not automatically become executors. These are two completely separate legal roles.

What should an attorney do immediately after the donor dies?

Even though their legal powers stop, attorneys still play a helpful practical role. In the UK, the attorney should:

• Stop all actions under the LPA
• Notify banks, investment providers, and pension schemes of the death
• Provide the Will (if they hold it) to the executor
• Hand over any financial records or documents used while acting as attorney
• Provide a final summary of decisions taken during the LPA period

This ensures a smooth transition from attorney responsibilities to estate administration.

Can an attorney access bank accounts after death?

No. Banks immediately freeze sole accounts once they are notified of the death. Only the executor or administrator can access funds, not the attorney.

Joint accounts may continue to operate, but this depends on the bank’s rules and the account terms.

Does a Power of Attorney affect the Will?

No. A Power of Attorney and a Will serve entirely different purposes:

• A Power of Attorney covers decisions during the donor’s lifetime.
• A Will covers decisions after death.

An LPA cannot override or alter a Will, and an attorney cannot make or change a Will on behalf of the donor.

Why is it important to have both a Will and a Power of Attorney?

Because they work together to protect someone at every stage:

• A Will protects your wishes after death.
• A Power of Attorney protects you while you’re alive.

Without an LPA, which you can apply for using a service like Power of Attorney Online, families may need to apply to the Court of Protection if someone loses capacity. Without a Will, the estate is dealt with under intestacy rules, which may not reflect the person’s wishes.