Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Power of Attorney Act (ss. 3, 4, 30, 31) and the Wills, Estates and Succession Act (ss. 135, 139, 150) checked that day.
The power of attorney ends at death. An enduring power of attorney “terminates … if the adult who made the enduring power of attorney dies” (Power of Attorney Act s. 30(4)(b)).
The executor takes over under the will, from the date of death. If there’s no will, an administrator is appointed by the court.
Same person? Often the attorney is also the executor, but the two roles are separate.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
A power of attorney lets someone (the attorney) manage another adult’s money and property while that adult is alive. It doesn’t survive death. Under BC’s Power of Attorney Act, an enduring power of attorney terminates when the adult who made it dies. From that moment, authority over the deceased’s property belongs to the executor named in the will, or, if there’s no will, to an administrator appointed by the court. Often the same family member holds both roles, but they are legally different jobs: the attorney acts for a living person, and the executor acts for the estate under the will. Anything the former attorney does with the money after death, such as writing cheques or moving funds, needs the executor’s authority, not the power of attorney.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, advises executors taking over from an attorney, and acts in disputes about how an attorney handled a parent’s money; this guide is by Sundeep S. Grewal.
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The two roles compared
| Attorney (power of attorney) | Executor (will) | |
|---|---|---|
| Acts for | A living adult | The estate after death |
| Authority from | The power of attorney document | The will, confirmed by probate |
| Starts | When the document says | At death |
| Ends | At death, revocation, court order or the document’s terms (s. 30(4)) | When the estate is fully administered, or on removal |
After death: what the attorney can and can’t do
- Can’t: use the power of attorney to withdraw money, pay bills, sell property or apply for probate. In BC, a grant can be issued to an attorney only where the attorney is appointed by a foreign personal representative (WESA s. 139).
- Protection for acting without knowledge: an agent who acts after termination within their former authority, without knowing of the termination, is deemed to have had authority (Power of Attorney Act s. 3). Third parties dealing in good faith are also protected (ss. 4 and 31(3)). Once you know of the death, you know your authority has ended.
- Should: hand over records, bank cards and documents to the executor.
When the executor takes over
An executor’s authority comes from the will, so they can act from the date of death, though banks often wait for probate. An administrator’s authority comes from the grant, but once appointed they are deemed to be the personal representative from the date of death (WESA s. 135(1)). See executor duties and letters of administration.
Questions about how the attorney managed money
If family members are concerned about withdrawals or transfers the attorney made while the parent was alive, the personal representative can bring any proceeding the deceased could have brought (WESA s. 150). See money given away before death.
Mistakes I have seen
- An attorney continuing to pay bills from the parent’s account after death “to keep things tidy”.
- Assuming the attorney is automatically the executor.
- Not keeping records while acting as attorney, then being unable to answer siblings’ questions after death.
Frequently asked questions
Does a power of attorney end at death in BC?
Yes. An enduring power of attorney terminates when the adult who made it dies (Power of Attorney Act s. 30(4)(b)).
Can the attorney pay the funeral bill after death?
Not under the power of attorney. The executor arranges payment, and many banks will pay a reasonable funeral bill from the deceased’s account.
I was attorney and I’m also executor. What changes?
You now act under the will. Keep your records from your time as attorney separate, because beneficiaries may ask about both periods.
What should I do right now?
Stop using the power of attorney, gather your records, and give them to the executor or keep them if you are the executor.
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Sources
- Power of Attorney Act (ss. 3, 4, 30(4), 31(3)), BC Laws
- Wills, Estates and Succession Act (ss. 135, 139, 150), BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§1.28, 1.84
This article is general information about BC law, not legal advice for your situation.