When does a power of attorney end in Australia?
This is a common point of confusion. A general power of attorney ends when it is revoked, when the person loses capacity, or when they die. An enduring power of attorney survives loss of capacity, but it still ends the moment the person dies. Neither document gives any authority over a deceased person’s accounts or assets. At death, that authority shifts entirely to the executor appointed under the Will, often confirmed by a grant of probate. Willed’s power of attorney service can set the document up correctly.
For related guidance, see is there inheritance tax in Australia, and what tax does a deceased estate actually pay?.
Read the video transcript
This is a huge point of confusion. A general power of attorney ends either when it's revoked, a person loses capacity, or dies. An enduring power of attorney survives a loss of capacity, but it ends the moment a person dies. Neither document grants any authority over a deceased's accounts or other assets. The power shifts completely away from the attorney and onto the executor appointed by the deceased person's will.
Need a hand?
Willed’s team helps Australians with this every day.
You might also wonder
More on estate planning
0:36Can I appoint someone to make medical and guardianship decisions for me in Australia?Kevin Finn
0:27What are the first practical steps to take after a family member dies in Australia?Kevin Finn
1:03What are the most important things to sort out before you die in Australia?Kevin Finn
0:35How do I register a death and get a death certificate in Australia?Kevin Finn
