A Lasting Power of Attorney (LPA) can be a useful option when planning for the future, as it can provide peace of mind for both you and your loved ones. However, if you are considering relying on an LPA, it is vital that you understand when it can come to an end. This may be by choice or triggered automatically after a change in circumstance.

A Lasting Power of Attorney is a legal tool with which you can give someone you trust the power to make decisions on your behalf. This will come into play if you ever lose mental capacity and are no longer able to make decisions for yourself. However, understanding when an LPA’s authority comes to an end and when an attorney must stop acting on your behalf is important before setting one up, especially if you intend to rely on it long into the future. 

This brief guide will walk you through the lifecycle of an LPA, and the circumstances under which it may end, to ensure you are fully informed to make the best decisions for you and your family. If you have any questions we have not answered, the Wills, Trusts and Probate experts at Percy Hughes & Roberts Solicitors are happy to speak to you regarding your query and provide the legal services you need. You can contact us by completing the enquiry form below or by calling 0151 666 9090.

What Is an LPA?

A Lasting Power of Attorney (LPA) is a legal document that allows an individual, known as the ‘donor’, to appoint one or more people, referred to as ‘attorneys’, to make decisions on their behalf. 

This arrangement becomes particularly crucial if the donor loses mental capacity and cannot make those decisions themselves, due to illness, injury, or other reasons affecting their mental health.

There are two main types of LPA, each designed for different aspects of your life:

• Health and Welfare LPA: This type of LPA comes into effect when the donor has lost the capacity to make their own decisions about their care and medical treatment. It covers decisions about daily routine (e.g., what the person eats and what they wear), medical care, moving into a care home, and life-sustaining treatment.

• Property and Financial Affairs LPA: This enables the appointed attorney(s) to handle the donor’s financial matters, such as managing bank accounts, paying bills, collecting income and benefits, and buying or selling property. A property and financial LPA may come into force either as soon as it is registered, with the donor's consent, or only once the donor has lost mental capacity, and these terms will be specified in the document.

Creating an LPA is a forward-thinking step that ensures your wishes are respected and your affairs are managed according to your preferences, should you ever be unable to manage important decisions yourself. It offers peace of mind to both the donor and their loved ones by putting provisions in place for their care and financial management in accordance with their wishes.

When Does An LPA End?

It is important to understand that an LPA is not indefinite and can end under several circumstances. These include:

• Revocation by the donor: Donors have the power to end their LPA as long as they possess the mental capacity to make such a decision. This action allows the donor to revoke the document if their circumstances or wishes change.

• The donor’s death: Usually, the definitive end point of an LPA is the death of the donor. At this stage, the authority granted through the LPA ceases, and their will (or the rules of intestacy) will then guide the management of their estate. An LPA does not give an attorney any authority over the estate administration process.

• Loss of capacity by the attorney: If the donor’s chosen attorney is no longer able to make decisions due to a loss of mental capacity, the LPA cannot continue in its current form. If an attorney dies, this may also bring an end to the LPA.

• Bankruptcy of the attorney (Property and Financial Affairs LPA): Should the donor’s appointed attorney for property and financial matters go into bankruptcy, their ability to act under the LPA will end.

• Dissolution of marriage or civil partnership: If the donor’s attorney is a spouse or civil partner and the marriage or partnership legally ends, the LPA is invalidated unless the document gives explicit instructions to the contrary.

• Court order: The Court of Protection has the authority to end an LPA if it believes the attorney is not acting in the donor’s best interests.

Understanding when an LPA ends is crucial for ensuring continuous management and protection of the donor’s welfare and affairs. Similarly, attorneys must be aware of the circumstances under which an LPA can end or change, so that they do not act outside their legal authority.

Does an LPA Remain Valid after Death in the UK?

A lasting power of attorney does not remain valid after the death of the donor. An LPA is a legal instrument designed to allow appointed attorneys to make decisions on behalf of the donor, specifically while the donor is alive.

When the donor dies, the authority granted by the LPA ceases immediately. From this point, the management of the donor’s estate and affairs is passed to the executor named in their Will. If the donor did not leave a will, their estate is handled according to the rules of intestacy, with an administrator appointed to manage the process.

What Happens if the Attorney Dies or Loses Capacity?

The effect of an attorney’s death on your LPA hinges on the specific provisions set out when it was established:

• Multiple attorneys: If you have appointed several attorneys with the flexibility to act “jointly and severally”, the surviving attorneys can continue to act on your behalf and the LPA will remain binding.

• Replacement attorneys: If you designate replacement attorneys when setting up your LPA, they will be able to step in should an attorney pass away. This offers a safety net that can preserve the functionality of your LPA.

• Joint decisions: If your LPA specifies that multiple attorneys must make decisions jointly, the passing of one attorney could impact the LPA’s validity. Without the ability to make decisions independently of the deceased attorney, the remaining attorneys may find themselves unable to act, potentially rendering the LPA ineffective.

• Sole attorney without replacements: In scenarios where a sole attorney was appointed without any provision for replacements, the attorney's death will result in the LPA ceasing to be operative.

It is essential to carefully consider the appointment of attorneys and replacement attorneys when setting up an LPA to safeguard against these situations. Planning for contingencies ensures that your affairs remain in trusted hands, even if circumstances change.

How Can Percy Hughes & Roberts Help? 

An LPA serves as a crucial legal tool in future planning, as it offers reassurance to both you and those closest to you. Understanding the conditions under which an LPA may end is essential, as it can help you to account for these possibilities and make sure your plans are watertight.

Our Wills, Trusts, and Probate solicitors offer personalised guidance, so you can create an LPA that aligns with your specific needs and provides the reassurance that your affairs are in trusted hands. Whether you are looking to set up a new LPA, need assistance managing an existing one, or find yourself facing unexpected changes, such as the death of an attorney, we are here to help.

If you require legal advice in relation to Lasting Powers of Attorneys, ending an LPA, or anything else to do with wills, trusts and probate, Percy Hughes & Roberts Solicitors can help. If you would like to contact one of our expert wills, trusts and probate solicitors you can do so by calling 0151 666 9090 or by completing the “Get in touch” form on this site.