- An enduring power of attorney ends when the adult who made it dies.
- After death, the executor named in the will carries out its instructions, not the attorney.
- What the attorney did while the authority was in force stays valid, and the records still matter.
If your parent has just died and you were their attorney under an enduring power of attorney, you may be wondering whether you can still pay a bill, access an account or deal with the house. The short answer is that the role you held ends, and a different set of people take over.
This article explains what ends, what you should still do, and who becomes responsible for the estate. Every situation differs, so a lawyer can confirm how this applies to your family.
This article covers the law of British Columbia.
What ends when the adult dies
An enduring power of attorney terminates when the adult dies. It can also end earlier under its own terms, by court order, under certain provisions of the Patients Property Act, or on revocation.
In practical terms, once you know your parent has died, you should stop acting as attorney. The authority you were given covered the adult's financial affairs while they were alive. It does not carry over into managing the estate.
Who takes over: the executor
After a death, the executor named in the will carries out the will's instructions. This is a separate role from attorney, and you are not the executor just because you were the attorney. You may be the same person if the will names you.
If there is no will or no executor, the BC Supreme Court can issue a grant of administration to someone. If no one is willing or able to act, the Public Guardian and Trustee may administer the estate. The Public Guardian and Trustee may decline if administering the estate would cost more than the estate's assets are worth.
Remember too that an attorney could never make or change a will for the adult, and any will or change an attorney makes has no force or effect.
What stays valid and what you should still do
Acts you properly did before your authority ended stay valid. Even if an attorney acted improperly, the act still binds the adult toward people who did not know, and had no reason to believe, that it was improper.
Your duties included keeping records, and that does not stop mattering at death. The records an attorney must keep include:
- a list of the adult's property and liabilities
- accounts and records of what you did as attorney
- all invoices, bank statements and other records needed for full accounts
An attorney must not disclose information obtained as attorney except as needed for their duties, a report to the Public Guardian and Trustee, or court proceedings. Because of that, ask a lawyer how and when to pass your records to the executor or administrator.
Things that commonly cause confusion
| Question | Short answer |
|---|---|
| Can I keep paying bills after death? | No. The enduring power of attorney terminates at death. |
| Am I automatically the executor? | No. The executor is the person named in the will. |
| Are my earlier acts undone? | Acts done before authority ends stay valid. |
| Can I be repaid for expenses? | An attorney may be reimbursed from the adult's property for reasonable expenses properly incurred while acting. Ask about how this is handled with the estate. |
What to do next
- Stop acting under the enduring power of attorney.
- Find out who is named as executor in the will.
- Gather and keep your records, accounts, invoices and bank statements.
- Do not dispose of or distribute the adult's property on your own.
- Speak with a lawyer about handing over records and about any questions on past transactions.
Frequently asked questions
Does my enduring power of attorney still work the day after my parent dies?
No. An enduring power of attorney terminates when the adult dies. Anyone dealing with the estate after that acts as executor or administrator, not as attorney.
Who handles the estate if there is no will?
If there is no will or no executor, the BC Supreme Court can issue a grant of administration to someone. If no one is willing or able to act, the Public Guardian and Trustee may administer the estate.
Are the payments I made as attorney still valid?
Acts done before the authority ended stay valid. If you acted improperly, the act can still bind the adult toward people who did not know and had no reason to believe it was improper.
Should I keep my records after the death?
Yes. Attorneys must keep accounts, invoices, bank statements and other records needed for full accounts. Ask a lawyer how to share them, because there are limits on disclosing information you got as attorney.
Sources
- Power of Attorney Act, s. 13(2) — bclaws.gov.bc.ca
- Power of Attorney Regulation, B.C. Reg. 20/2011, s. 2 — bclaws.gov.bc.ca
- Government of BC – After a Death: Deal with wills and estates — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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