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Wills & Estates

Does my power of attorney for property end when I die?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. A power of attorney for property automatically ends when you die. Once you pass away, your attorney no longer has any authority to act on your behalf, regardless of what the document says.

After death, the authority to manage and distribute your assets shifts to your estate trustee (commonly called an executor), who is appointed either by your will or by the court if you die without a valid will. Your estate trustee's authority comes from the will and, for formal administration, from a Certificate of Appointment of Estate Trustee issued by the Ontario court.

This is a common source of confusion — people sometimes assume an attorney for property can continue handling things after death or can help transfer assets. That is not the case. If your attorney attempts to act on your behalf after you have died, they are acting without legal authority. For this reason, it is important to have both a power of attorney for property (for incapacity during life) and a will (for what happens at death) as part of a complete estate plan. Speak with a lawyer to make sure both documents work together properly.

Key takeaways

  • A POA for property ends automatically at death
  • After death, authority passes to your estate trustee under your will
  • Having both a POA and a will ensures coverage during life and at death
  • An attorney who acts after death has no legal authority to do so
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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