PA LAW ARTICLES · WILLS & DECEASED ESTATES
By Manal Amro, Principal Solicitor, PA Law Pty Ltd
Published:
Does power of attorney end at death in South Australia?
Yes. A power of attorney ends at death in South Australia, including an enduring power of attorney. It cannot be used to continue managing the deceased person’s finances or distribute their estate. Estate administration is handled by an executor under a will or, where required, a court-appointed administrator. [1] [3]
You may have spent years helping a parent pay bills and deal with their bank. After their death, an invoice arrives and paying it feels like the natural next step. Before making that payment, check the authority you are relying on.
This guide explains the change of responsibilities and offers a practical checklist for families in Gawler, Adelaide and across South Australia.
Why an enduring power of attorney ends at death
“Enduring” refers to legal incapacity during the person’s lifetime. An enduring power can continue to operate if the person loses capacity, subject to the document and the law. It does not provide ongoing authority after death. A general power ordinarily ceases on incapacity as well as death. [2]
Planning should therefore cover both lifetime decision-making and estate administration. See our enduring power of attorney service and wills service for help reviewing your appointments.
Attorney versus executor: who can act?
| Role | Basis of authority | When it operates |
|---|---|---|
| Attorney | A power of attorney | During the appointor’s life, within the document’s scope. |
| Executor | Appointment in a will; probate may be needed. | After death, to administer the estate. |
| Administrator | A court grant of administration | Following appointment, under the grant. |
An executor’s responsibilities include collecting estate assets, addressing debts and distributing the estate according to the will. Being someone’s attorney does not appoint you as executor. One person may hold both appointments, but must identify which role authorises each action. [4]
If there is no will, an eligible person may need letters of administration. If there is a will but its executor appointment cannot operate, administration with the will annexed may be appropriate. The former attorney has no automatic priority simply because they previously managed the finances. [3]
Power of attorney ends at death: 7 essential steps
Use this checklist to organise the handover. It does not authorise you to transact for the estate.
1. Stop relying on the power of attorney
Once you know the person has died, do not sign documents, withdraw money or make transfers under that power. Tell anyone asking you to act that the person has died and the estate arrangements need to be checked.
2. Locate the will and identify the executor
Find out who holds the original will and whether there are later documents. Keep originals secure and unaltered. If the will cannot be found, or the named executor cannot act, obtain advice before assuming someone else can take over.
3. Notify the bank and ask about its estate process
Ask the bank’s deceased-estates team what documents it needs and how urgent expenses should be submitted. Record the reference number and contact details. Do not assume that access remaining on a screen means you still have authority.
4. Prepare a clear financial handover
Gather statements, invoices, receipts and a list of transactions you handled. Add outstanding payments, expected income and unresolved enquiries. Keep the deceased’s records separate from your own and provide them securely to the appropriate estate representative.
5. Flag urgent practical issues
Tell the executor or solicitor about vacant premises, insurance renewals, pets needing care, business commitments and approaching deadlines. Explain what needs attention and when. Ask who can authorise the response before entering new commitments.
6. Check whether a grant is needed
Probate or administration is not required for every estate. Asset type, ownership and the requirements of the institution holding the asset matter. Ask each institution what it requires. A power of attorney is not a substitute for a grant. [3] [6]
7. Keep a record of the transition
Note when you learned of the death, who you notified and what you handed over. Record unanswered questions rather than filling gaps with assumptions. If a transaction has already occurred, preserve the documents and seek advice promptly.
For help building an asset list, read Find Missing Estate Assets in South Australia.
Can you pay funeral expenses or other bills?
Ask the bank about its deceased-estate payment process instead of using the former power of attorney. Some banks may pay funeral expenses and certain estate costs from available funds before the estate is finalised, subject to their requirements. ANZ, for example, describes assistance with funeral costs and some other expenses through its bereavement service. [5]
Keep the invoice, identify the payment deadline and ask what evidence is required. If considering paying personally, discuss reimbursement first; do not assume that every expense will be recoverable from the estate.
Joint accounts raise separate ownership questions. See Joint Bank Accounts and Wills in South Australia rather than assuming the same process applies to every account.
Example: “I paid Mum’s bills, so can I keep doing that?”
Illustrative scenario: Alex managed their mother’s bills under an enduring power of attorney. After she dies, Alex receives a rates notice and considers paying it through the same banking access.
Alex should first locate the will, contact the named executor and ask the bank about the estate process. If Alex is also executor, the bank may require evidence of that appointment and possibly probate. The earlier banking arrangement does not itself answer those questions.
What if you acted before learning of the death?
Section 12 of the Powers of Attorney and Agency Act 1984 (SA) provides protections in certain circumstances involving good-faith actions without knowledge of the principal’s death. This is not permission to keep acting after you know the person has died. The timing, knowledge of those involved and transaction details need individual assessment. [7]
Record what happened, retain the relevant messages and bank records, and obtain advice before trying to reverse a transaction yourself.
Watch Manal explain the change of authority
Watch on YouTube or visit the video guide and transcript.
Frequently asked questions
Does an enduring power of attorney continue until probate is granted?
No. It ends on death. Waiting for probate does not extend it.
Can the same person be attorney and executor?
Yes, if separately appointed. After death, estate actions must rely on the executor role and satisfy any applicable requirements.
Does having power of attorney mean you inherit?
No. The appointment does not give you ownership of the person’s property or an inheritance. Entitlement must be assessed separately.
Do you need to cancel the power of attorney after death?
Death ends the authority automatically. Notify relevant organisations so their records can be updated, and retain the document with the financial records.
What should I bring to an estate appointment?
Bring the will if available, the power of attorney, available death documentation, an asset and liability list, transaction records and details of urgent issues. Ask beforehand which originals are needed.
Need help with the next step?
PA Law assists with enduring powers of attorney, wills and estate administration in Gawler and South Australia. If you have been managing someone’s finances and they have died, we can review the documents and explain the appropriate next steps.
Based in Evanston South. Telephone and Microsoft Teams appointments are available by arrangement.
Sources and further reading
- Legal Services Commission of SA — Power of Attorney brochure.
- SA.GOV.AU — Power of attorney.
- Courts SA — Applying for a grant.
- Law Handbook — Duties of executors.
- ANZ — Bereavement services.
- Law Handbook — Release of assets.
- Powers of Attorney and Agency Act 1984 (SA), particularly sections 8 and 12.
Sources checked: 15 October 2026. General information only, not legal advice. The appropriate steps depend on the documents, assets and circumstances. Obtain advice before acting for an estate.