Does a power of attorney continue after someone dies in Ontario?
No. A power of attorney — whether for property or personal care — automatically ends when the person who granted it (the grantor) dies. At the moment of death, the attorney's authority under the power of attorney ceases entirely. Any actions taken by the attorney after the grantor's death are unauthorized and potentially a breach of their duties.
Once death occurs, authority over the estate passes to the executor named in the will (or to an estate trustee without a will, if there is no will). It is a common misconception that a power of attorney continues into estate administration — it does not.
An attorney who becomes aware of the grantor's death must stop acting and provide the executor with a full accounting of what they did under the power of attorney, including any assets they managed, bills they paid, and transactions they made. Any property held under the power of attorney must be transferred to the executor for proper estate administration.
Key takeaways
- A power of attorney ends automatically at the death of the person who granted it.
- The executor under the will takes over — not the attorney.
- Any action taken by an attorney after death is unauthorized.
- An attorney must account to the executor for everything done under the power of attorney.