Does a Power of Attorney End When the Person Dies in Alberta?

If you were named as someone's attorney under an enduring power of attorney and that person has now died, you may be unsure whether you can still pay bills, access accounts, or sort out their affairs. The short answer is that the role has ended, and a different set of people now deals with the estate.

In this article, the word attorney means the person appointed under the document, not a lawyer. It explains what ends, what you should stop doing, who takes over, and what practical steps usually follow.

This article covers the law of Alberta.

The attorney's authority stops at death

An enduring power of attorney (EPA) in Alberta is a legal document under the Powers of Attorney Act that lets an adult give another person authority over their financial decisions. It is designed to keep working if the donor loses mental capacity. That does not mean it lasts forever.

Under the Act, an EPA ends on the death of the donor, so the attorney's authority under it stops when the donor dies. This is true even if the document says it continues despite incapacity. Surviving incapacity and surviving death are two different things.

What you should stop doing as a former attorney

The authority the document gave you ended at the donor's death, not at the moment you learned of it. In practice, that generally means you should stop acting on the donor's accounts and property and not treat their money as available to you or to others in the family.

• Do not make new withdrawals, transfers or payments from the donor's accounts.
• Do not sell, transfer or give away the donor's property.
• Do not sign new contracts or commitments in the donor's name.
• Keep the records you already have, such as statements, receipts and notes about what you did.

There is one protection for honest mistakes. An attorney who acts after the EPA has ended is not liable if they did not know, and had no reasonable grounds for believing, that their authority had ended. Those acts are also valid and binding in favour of anyone who lacked that knowledge too. This protects people who act before they learn of a death. It does not help someone who carries on after they know.

Who takes over after the death

After death, authority over the estate passes to the personal representative. That is the executor named in the will, or an administrator or judicial trustee. The former attorney is not automatically the personal representative.

Sometimes the same person holds both roles, because the donor trusted one person with both jobs. If that is you, you still have two separate roles with a clear break between them. The attorney role ended at death, and any authority you hold now as executor comes from your role as personal representative rather than from the EPA.

Related documents and what they cannot do

A personal directive is a different document. It covers personal matters such as medical treatment and where the donor lives, while the EPA covers financial matters. Each document stands on its own, so you should not assume one gives you the powers of the other.

An attorney also has no power under the Act to make or change the donor's will. If you are worried about what the will says or whether one exists, that is a question for the personal representative and, if needed, a lawyer.

What to do next

• Stop acting under the EPA and avoid moving any of the donor's money or property.
• Find out whether there is a will and who the named executor is.
• Gather your records of what you did as attorney, including statements and receipts, so you can hand them over.
• Tell the executor or the family member stepping forward that you held the EPA and what accounts or property you dealt with.
• Speak with a lawyer if there is no will, if the executor is unclear, or if you made payments around the time of death and are unsure about them.

A lawyer can look at your own documents and timeline and explain how the general rules apply to your situation.

Frequently asked questions