Short answer: Yes. A power of attorney ends at death in South Australia. This includes an enduring power of attorney. From that point, the deceased person’s estate is dealt with by their executor or, if there is no valid will or executor able to act, an administrator.

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Why a power of attorney ends at death

An enduring power of attorney can continue if the person who appointed the attorney loses legal capacity. It does not provide continuing authority after that person dies.

The Legal Services Commission of South Australia confirms that a power of attorney ceases to operate on the donor’s death. Read its guide to ending a power of attorney.

The guide also explains that actions taken before an attorney knows of the death may remain valid. This does not permit continued use of the power of attorney once the attorney knows the person has died. Administration of the deceased estate is a separate role for the executor or administrator.

Attorney and executor: what is the difference?

An attorney manages authorised financial or legal matters for a living person. An executor is appointed under a will and deals with the deceased person’s estate after death. Being someone’s attorney does not automatically make you their executor. One person may hold both roles, but each appointment has a different legal source, start point and end point.

• Attorney: acts while the appointor is alive, within the authority given.
• Executor: acts after death under the will and may need a grant of probate.
• Administrator: may be appointed when there is no valid will or no executor able to act.

What should an attorney do when the person dies?

Because a power of attorney ends at death, do not continue withdrawing money, paying bills or signing documents under the power of attorney. Notify relevant financial institutions of the death, preserve records and provide documents to the executor or the solicitor handling the estate. Banks commonly restrict accounts once notified and will explain what evidence is required for estate transactions.

What should families check before a death?

1. Confirm there is a current will and identify the appointed executor.
2. Check that any enduring power of attorney is properly completed and reflects current wishes.
3. Make sure the attorney and executor understand that their roles are separate.
4. Keep original documents secure and tell the appropriate people where they are held.
5. Review appointments after major life changes, including death, separation or loss of capacity of an appointed person.

PA Law can assist with wills, enduring powers of attorney, probate and estate administration in Gawler, Adelaide and across South Australia.

Video transcript

0:00 Mum gave me power of attorney. So I can keep managing her money after she dies, right?

0:06 No. In South Australia, a power of attorney ends when the person dies. Even an enduring power of attorney.

0:15 Enduring means it can continue if the person loses legal capacity. It doesn’t mean it continues after death.

0:23 And being your mum’s attorney doesn’t automatically make you her executor. Those are separate appointments with different responsibilities.

0:31 So, if you’ve been managing your mum’s finances, don’t assume you can keep using her power of attorney after she passes away.

0:37 While your mum is alive and has capacity, it’s worth checking that she has both a will and an enduring power of attorney in place, and that the people she’s appointed understand when their roles start and end.

Related questions

Can an attorney access a bank account after death?

Not under the power of attorney. The authority ends at death. The executor or administrator must follow the bank’s deceased-estate process.

Does the executor’s authority begin before death?

No. An executor’s role relates to the deceased estate and begins after the will-maker dies. Before death, the executor has no authority merely because they are named in the will.

What if there is no will?

An eligible person may need to apply for letters of administration. South Australian intestacy rules determine who may inherit; the former attorney does not automatically become administrator.

Can the same person be attorney and executor?

Yes, a person may be appointed to both roles, but they act under the power of attorney only while the appointor is alive and under the will only after death.

Should a will and enduring power of attorney be reviewed together?

Yes. Reviewing both documents helps ensure the chosen people are suitable, available and clear about when each role begins and ends.

This page provides general information only and is not legal advice. Legal outcomes depend on the facts and documents in each matter. Obtain advice for your circumstances.