What happens if an attorney dies?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Whether the LPA survives depends entirely on how the attorneys were appointed.
The three outcomes
| Appointment | Effect of one attorney dying |
|---|---|
| Sole attorney, no replacement | The LPA ends — a deputyship may be needed |
| Jointly and severally | The others carry on alone |
| Jointly (for all decisions) | The whole appointment usually fails unless a replacement is named |
This is the strongest single argument for naming replacement attorneys and for choosing jointly and severally.
What to do
- Notify the OPG in writing with a copy of the death certificate.
- The OPG updates the register and returns the amended LPA.
- Tell banks and providers who is now acting.
- If the LPA has ended and the donor still has capacity, make a new one immediately.
If the donor dies instead
The LPA ends at death
An attorney's authority stops the moment the donor dies. From then on the will's executors take over. See what happens when the donor dies.
Common questions
Can a replacement attorney step in automatically?
They step in when the event they were named for happens, but the OPG must be notified so the register reflects it.
Does a new LPA cost the full fee again?
Yes — £49 with us for one LPA plus the £92 OPG registration fee.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group