What happens if my LPA attorney dies?
It depends entirely on how the attorneys were appointed. If attorneys act jointly and severally, the survivors simply carry on and nothing needs to be filed to make that happen. If they act jointly for everything, the death of one ends the whole LPA unless a replacement attorney was named — in which case the replacement steps in and the LPA continues as before.
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The Office of the Public Guardian charges a separate £92 to register each LPA.
The five outcomes
| Situation | What happens |
|---|---|
| Sole attorney, replacement named | The replacement takes over with full authority |
| Sole attorney, no replacement | The LPA ends; a Court of Protection deputyship may be needed |
| Joint and several attorneys, no replacement needed yet | The remaining attorneys continue exactly as before |
| Joint attorneys only, no replacement named | The whole LPA fails, even for the attorneys who are still alive and willing |
| Joint attorneys, replacement named | The replacement steps in for the attorney who died and the LPA continues |
The same table applies if an attorney loses mental capacity, becomes bankrupt (Property & Financial Affairs LPA only), or formally resigns by disclaiming their appointment. Death is simply the most common trigger.
What to do, in order
- Notify the Office of the Public Guardian in writing, enclosing a copy of the death certificate
- The OPG updates its register and, where a replacement is named, notes that they have taken over
- Tell banks, care providers, HMRC, the DWP and any other organisation already holding a copy of the LPA
- If the LPA has failed entirely and the donor lacks capacity, apply to the Court of Protection for a deputy — a longer, costlier process than an LPA
- If the donor still has capacity, consider making a fresh LPA with a properly resilient structure
Only the donor can appoint new attorneys
Once an LPA has failed for lack of a working attorney, nobody — not the surviving attorney, not the family, not the OPG — can simply add a replacement to the existing document. New attorneys can only be added by the donor making an entirely new LPA, and only while they still have the mental capacity to do so.
Why the appointment type matters so much
"Jointly" means every decision, however small, needs every attorney's agreement and, generally, signature. It is an all-or-nothing structure: lose one attorney and the mechanism to make decisions collapses entirely, because the LPA cannot function with a gap in unanimous agreement. "Jointly and severally" means each attorney can act completely independently, so losing one simply reduces the number of people who can act — it does not stop anyone acting.
This is why we default new LPAs towards jointly and severally unless there is a specific reason — such as wanting unanimous agreement before a house sale — to choose otherwise.
Common mistakes on the form
- Appointing a single attorney with no replacement at all, leaving no fallback if anything happens to them
- Choosing 'jointly' for everything without realising that one death ends the whole document
- Assuming a named replacement automatically has authority as soon as the LPA is registered — they only gain it once an original attorney can no longer act
- Forgetting to tell all the institutions holding a copy of the LPA once an attorney has died
Worked example
Harold appointed his two sons, Peter and Simon, jointly and severally as his Property & Financial Affairs attorneys, with no replacement named. When Peter dies unexpectedly, Simon simply continues managing Harold's accounts — nothing needs to change at the bank beyond notifying them of Peter's death. Had Harold instead appointed them jointly, Simon would have no authority at all from the moment Peter died, and Harold's family would need to apply to the Court of Protection if Harold no longer had capacity to make a new LPA himself.
Common questions
Does the LPA end if the donor dies instead of the attorney?
Yes. An LPA ends automatically on the donor's death, whatever the appointment type, and the executors of the will take over from that point.
Can a replacement be added to an existing LPA after it is registered?
No. Replacements must be named in the LPA itself when it is signed. Adding one later means the donor making a brand new LPA while they still have capacity.
Do I need to tell the OPG straight away if an attorney dies?
There is no fixed deadline, but doing it promptly keeps the register accurate and avoids confusion for banks or care providers who ask to see it.
What if my only attorney dies and I have already lost capacity?
With no replacement named, the LPA ends and a family member or friend would usually need to apply to the Court of Protection to be appointed deputy — a slower and more expensive route than an LPA.
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.
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 Lasting Powers of Attorney in England and Wales. We are not a law firm and this is not legal advice about your situation. What we do and do not do.