When Does Lasting Power of Attorney End in the UK?

If you’re wondering when a Lasting Power of Attorney (LPA) ends in the UK, you’re not alone. Many people create LPAs to safeguard their future, but few fully understand when and how this authority comes to an end. Knowing the expiration triggers of a lasting power of attorney is just as important as setting it up in the first place.

This article explains in plain English the exact situations that lead to an LPA ending, how it’s legally recognised, and what you should do when it happens. Whether you’re a donor, an attorney, or a family member, this guide is for you.

If you need personalised advice, book a free consultation with our estate planning experts, or explore our transparent pricing packages.

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows someone (the donor) to appoint one or more people (the attorneys) to make decisions on their behalf if they lose mental capacity or choose to delegate authority.

There are two types:

• Property and Financial Affairs LPA: Covers money, bills, property, and banking
• Health and Welfare LPA: Covers medical decisions and care preferences

Both must be registered with the Office of the Public Guardian (OPG) before they can be used.

When Does a Lasting Power of Attorney End?

A Lasting Power of Attorney is not indefinite. It can end for several reasons, which vary depending on whether you’re the donor or an attorney. Below, we break down each of the main scenarios in detail.

1. Death of the Donor

The most definitive and common end point of an LPA is the death of the donor. When this happens:

• The LPA is immediately and automatically revoked
• Attorneys can no longer act on the donor’s behalf
• The estate is handled under the terms of the donor’s will or intestacy law

The attorney must notify the Office of the Public Guardian and return the original LPA document, along with a copy of the donor’s death certificate.

2. Death of the Attorney (or All Attorneys)

If an attorney dies and there are no replacements named or only one attorney was appointed, the LPA may end.

However, if the LPA includes multiple attorneys or replacement attorneys, it can continue under the structure laid out in the original document. If no viable attorney remains, the LPA becomes invalid.

3. Revocation by the Donor

The donor can cancel an LPA at any time—provided they still have mental capacity to do so. This is called a deed of revocation.

To formally revoke an LPA:

• Create and sign a deed of revocation
• Send the deed to the Office of the Public Guardian along with the original LPA

Once revoked, the attorney’s powers immediately end. It’s good practice to notify all financial institutions and relevant parties as well.

4. Loss of Mental Capacity by the Attorney

If the attorney themselves loses mental capacity, they can no longer act under the LPA. If this leaves no remaining attorneys or replacements, the LPA will end unless a new one is set up.

5. Divorce or Civil Partnership Dissolution

If the attorney and donor were married or in a civil partnership and later get divorced or separated, the LPA is affected as follows:

• The attorney is automatically removed from their role (unless the LPA states otherwise)
• If there’s only one attorney and no replacements, the LPA may become invalid

This is why it’s wise to appoint replacement attorneys from the outset.

6. Court of Protection Decision

The Court of Protection can cancel an LPA if there’s evidence that:

• The attorney is not acting in the donor’s best interests
• Fraud or abuse has occurred
• The LPA wasn’t set up correctly

In such cases, the court may revoke the LPA entirely or appoint a new deputy to take over.

7. Bankruptcy of the Attorney or Donor

For property and financial affairs LPAs:

• If the attorney is declared bankrupt, they can no longer act
• If all attorneys are bankrupt, the LPA ends
• If the donor becomes bankrupt, the LPA remains in place but may have restrictions

Bankruptcy does not affect Health and Welfare LPAs.

Can an LPA Be Suspended Temporarily?

There is no official concept of “suspending” an LPA. It’s either active or not. However, a donor with mental capacity can choose to:

• Not use their LPA
• Pause their attorney’s involvement informally

This should be clearly communicated in writing and discussed with the attorney(s) involved.

How to Check if an LPA Is Still Valid

If you’re unsure whether a Lasting Power of Attorney is still active or has ended, you can:

• Check the LPA registration certificate for dates and parties
• Contact the Office of the Public Guardian directly
• Ask a solicitor to review the document

Need support? Our team can verify and guide you through LPA status reviews. Book a free session today.

What Happens After an LPA Ends?

If the LPA ends due to the donor’s death, control of the estate transfers to the executor of the will. Attorneys are no longer authorised to act, and financial institutions will request death certificates and probate documents instead.

If the LPA ends due to other reasons, the donor may need to set up a new LPA or a deputy may need to be appointed by the court.

Frequently Asked Questions

Can a Lasting Power of Attorney be reinstated once revoked?

No. Once an LPA is formally revoked, it is permanently cancelled. A new one must be created from scratch.

What if the donor dies before the LPA is registered?

If the donor dies before the LPA is registered with the OPG, the document has no legal power and becomes void.

What happens to joint attorneys if one dies?

If attorneys were appointed to act jointly, the LPA ends. If they were appointed to act jointly and severally, the remaining attorney(s) can continue to act.

Does an LPA expire after a number of years?

No. An LPA does not have an expiration date—it remains valid until one of the legal ending conditions is met.

Conclusion

Understanding when a Lasting Power of Attorney ends ensures you’re prepared for what comes next. From the death of the donor to court intervention, several scenarios can bring an LPA to a close—some predictable, others not.

Whether you’re managing an active LPA or planning one in advance, don’t leave things to chance. Book your free consultation with MP Estate Planning for guidance tailored to your situation, or explore our affordable LPA packages to get started today.