If you have been acting as an attorney under a Power of Attorney (POA) and the person you were helping has died, you may be wondering what your authority covers now. The short answer is that it covers nothing. A POA ends the moment the donor dies, and probate is the process that takes over. This article explains exactly what changes, who is responsible from that point, and when a Grant of Probate is required.
What is a Power of Attorney?
A Power of Attorney is a legal document that lets one person (the “donor”) appoint one or more people (the “attorneys”) to manage their affairs. This can cover paying bills, managing bank accounts, or making healthcare decisions on the donor’s behalf.
The critical point is this: the legal authority granted by a Lasting Power of Attorney exists only while the donor is alive. The moment they die, that authority ceases. No notice period applies and nothing needs to be done to bring it to an end. That is not the same as there being nothing to do: the Office of the Public Guardian still has to be told, as set out below.
What is probate?
Probate is the legal process for handling someone’s estate after they die. It validates the will (if there is one) and grants formal authority to one or more people to collect the deceased’s assets, settle debts, and distribute what remains to the beneficiaries.
The two key documents are the grant of probate (issued when there is a valid will) and letters of administration (issued when there is no will). Together, these are sometimes called a “grant of representation.”
What happens to a POA when someone dies?
A Lasting Power of Attorney remains valid only during the donor’s lifetime and ends automatically on their death. The same applies to an Enduring Power of Attorney, the older form still in use for arrangements made before October 2007, and to an ordinary power of attorney. Once the donor has died, their attorneys no longer have authority to act on their behalf.
This means you cannot use the POA to access bank accounts, pay bills, or manage any assets from the date of death onwards. From that date, the attorney has no authority to write cheques, sign cards, instruct the bank, pay bills, sign documents, or do anything else in the deceased’s name.
Decision-making over the estate then passes to the executor named in the donor’s will, or, if there is no will, to whoever obtains Letters of Administration.
Who takes over responsibility?
Responsibility shifts to the executor named in the will. If the person who died did not leave a valid will, the role falls to an administrator, usually the closest living relative, under the intestacy rules.
It is quite common for the same person to have been both an attorney during the donor’s lifetime and an executor in the will. There is no transition between the two, though: one role ends and an entirely separate one begins, and only if that person is actually named as executor. You cannot simply carry on using the POA; you must act under your authority as executor instead.
Do I need to notify anyone that the POA has ended?
Yes. The Office of the Public Guardian (OPG) must be notified on the death of the donor of an LPA or EPA. A death can be reported to the OPG by email, telephone, or letter. If someone involved in a Lasting Power of Attorney or Enduring Power of Attorney dies, the person reporting the death will be asked to send the original LPA or EPA, together with any certified copies, to the OPG. The OPG uses the Life Event Verification system to confirm the death from Registrar’s Office data, so proof of death is not usually needed unless it is specifically requested. Where the death occurred outside the UK, a copy of the death certificate must be sent. Note that the OPG destroys cancelled documents unless you ask in a covering letter for them to be returned.
When is probate required?
Not every estate in England and Wales requires a formal grant. Whether it is needed depends on what the estate contains and how it is held, which we cover in detail in when is probate required in the UK.
Property in the deceased’s sole name
If the estate includes property in the deceased’s sole name, you will almost always need probate regardless of value.
Bank accounts and savings
There is no single probate threshold in England and Wales. Each bank and financial institution sets its own limit for releasing money without a grant, and those limits are not published centrally. They vary widely between providers and change without notice, so the only reliable approach is to ask each institution directly and get the answer in writing. The one statutory figure is £5,000 under the Administration of Estates (Small Payments) Act 1965, and that applies to specified funds such as friendly society accounts rather than to ordinary bank accounts.
Even where probate is not formally required, banks and financial institutions will still ask for proof of your authority to act, including identification and a copy of the death certificate. Showing the old POA will not help: an LPA ceases to have any legal effect the moment the donor dies. The attorney’s powers end immediately; they cannot use the LPA to access bank accounts, sell property, or manage any affairs after death.
Jointly held assets
It depends how the asset was held. Property and accounts owned as beneficial joint tenants pass automatically to the surviving owner by survivorship, without probate, which is the usual position between spouses and civil partners. Property held as tenants in common does not: each owner has a distinct share that passes under their will or the intestacy rules, so a grant is generally needed even though the property was jointly owned. Check the title rather than assuming.
The probate application fee in 2026
If probate is required, you apply to the Probate Registry. From 13 July 2026, the application fee for obtaining a Grant of Probate or Letters of Administration in England and Wales is £526 for estates valued at more than £5,000. There is no fee for estates of £5,000 or less. Official copies ordered at the same time as the application cost £2 each, or £16 each if ordered afterwards. Always confirm the current fee on GOV.UK before applying, as fees can change.
So, do I need probate if I have power of attorney?
For estates that require it, yes. The POA is no longer valid. A UK Lasting Power of Attorney ends immediately on the death of the donor. From that moment, the attorneys lose all legal authority to act, and the estate is administered by the executors named in the will, or by administrators under the intestacy rules if there is no will.
Even if you are also named as the executor, you now act in that capacity rather than as an attorney. The attorney’s authority ends immediately at death. A named executor may have responsibilities from the date of death, but banks and other organisations will often require the grant of probate as formal evidence before allowing them to access or transfer estate assets.
For advice on your specific situation, speak to a qualified probate lawyer. You can compare quotes from three probate solicitors through The Probate Network.
Frequently asked questions
Does a power of attorney end when the donor dies?
Yes, without exception. A Power of Attorney ends automatically at the moment the donor dies. There is no grace period. From that point, the attorney has no legal authority to access accounts, manage assets, or act in the donor’s name in any way.
Can an executor also have been an attorney?
Yes, and this is common. However, the two roles are legally separate. Acting as attorney gives you authority during the donor’s lifetime only. Once they die, you must act as executor, not as attorney. If the estate requires probate, you will need to obtain a Grant of Probate before you can formally access and distribute the estate’s assets.
Do all estates need probate after a power of attorney ends?
No. Whether probate is needed depends on the type and value of the assets, not on whether a POA existed. Small estates, jointly held assets, and accounts below a bank’s internal threshold may not require a formal grant. Each financial institution sets its own rules, so you will need to check with each one directly.
What should I do with the LPA document after the donor dies?
You should notify the Office of the Public Guardian (OPG) of the donor’s death. The OPG will ask you to return the original LPA and any certified copies so the registration can be cancelled. You can report the death by telephone, email, or post. The OPG verifies deaths using its Life Event Verification system, so you will not normally need to send in a death certificate unless specifically asked.
This article is for general guidance only and does not constitute legal, tax, or financial advice. Rules and thresholds can change, and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation through The Probate Network.
