My Parent Gave Me Power of Attorney. Can I Use It After They Die?
Your mom trusted you to help her.
When she could no longer keep up with her bills, you used the power of attorney she had given you to manage her bank account and pay her expenses. You handled the things she needed help with because she trusted you to do it.
Then she died.
Now you are looking at the same bank account, the same bills, and the same paperwork—but everything feels different.
You may be wondering:
"My mom gave me power of attorney. Can I still use it now that she has died?"
Generally, no.
In Alabama, a power of attorney terminates when the person who created it—the "principal"—dies.
That does not mean you are finished helping with your parent's affairs. It means your legal authority changes.
After your parent's death, someone may need to administer their estate, pay outstanding debts, collect assets, and distribute property according to their estate plan and applicable law. The person who has that authority may be the personal representative of the estate, a trustee, or someone else depending on how your parent's assets were owned.
Understanding the difference can help you avoid an accidental mistake.
A Power of Attorney Is for Your Parent's Lifetime
A power of attorney allows one person to give another person authority to act on their behalf.
The person giving the authority is the principal, and the person receiving it is the agent.
For example, your father might sign a power of attorney naming you as his agent. Depending on the authority granted in the document, you might be able to:
Pay bills
Manage bank accounts
Handle financial transactions
Buy or sell property
Deal with insurance companies
Manage other financial matters
A durable power of attorney can continue even if your parent becomes incapacitated. But "durable" does not mean that it continues after death.
Once your parent dies, the authority granted by the power of attorney generally ends.
What If I Am Also the Executor of Their Will?
This is one of the most common sources of confusion.
Your parent may have named you as both:
Agent under a power of attorney, and
Executor in their will.
Those are two different roles.
While your parent was alive, you could act under the power of attorney, subject to the authority granted in the document.
After your parent's death, your authority to administer their estate does not come from the power of attorney. If you are named as executor, you need to be appointed as the personal representative of their estate before you exercise your authority associated with that role.
The same person can serve in both roles, but the source of the authority is different.
Power of attorney: You act for your parent during your parent's lifetime.
Personal representative: You administer your parent's estate after their death.
Alabama law provides that the powers and duties of a personal representative begin upon appointment by the probate court.
What If I Was Managing My Parent's Bank Accounts?
This is where families can run into trouble.
You may have been handling your parent's finances for years. You may know exactly where the money is and which bills need to be paid.
But your ability to access an account while your parent was alive does not necessarily mean you have the right to use that account after your parent's death.
The first question is: how you were connected to the account?
You might have been:
An agent under a power of attorney
A joint owner
An authorized signer
A beneficiary
A trustee
These roles are not interchangeable.
For example, being your parent's agent under a power of attorney does not make you the owner of your parent's bank account.
If you are unsure how an account was owned, do not assume that your previous access gives you continuing authority after your parent's death. The account documents and the overall estate plan may need to be reviewed.
What If There Are Still Bills to Pay?
Your parent's bills do not necessarily stop just because your parent's life has ended.
There may still be a mortgage, utilities, insurance, medical expenses, property expenses, or other debts.
If you were previously paying those bills under a power of attorney, it can be tempting to simply continue doing what you have always done.
Instead, you will need to determine who can legally handle their estate.
Depending on the circumstances, that may involve a personal representative, trustee, or another person with legal authority over a particular asset.
This is especially important before moving money, selling property, closing accounts, or making payments from your parent's assets.
What If I Did Not Know My Parent Had Died?
Alabama law addresses a limited situation in which an agent acts without actual knowledge that the power of attorney has terminated.
Under Alabama Code § 26-1A-110, certain acts taken in good faith by an agent who does not have actual knowledge of the termination may remain effective.
This provision is intended to address situations in which an agent or another person genuinely does not know that the authority has ended. It is not permission to continue using the power of attorney after learning that your parent has died.
Once you know about your parent's death, you must stop acting under the power of attorney.
What Should I Do After My Parent Dies?
If you were your parent's agent, you may actually be in a good position to help your family gather the information needed to administer their estate.
You may know where your parent's:
Bank accounts are located
Insurance policies are held
Bills are paid
Important documents are kept
Real estate is located
Financial professionals can be found
Practical Steps You Should Take
1. Stop Using the Power of Attorney
Once you know your parent has died, do not continue making transactions under the power of attorney.
2. Gather their Important Documents
Look for your parent's:
Will
Trust
Power of attorney
Deeds
Financial statements
Life insurance policies
Retirement account information
Beneficiary designations
These documents can help determine what happens next.
3. Determine Who Has Authority
If your parent had a will, identify the person named as their executor.
If there is a trust, determine who is serving as trustee.
If probate is necessary, the person responsible for their estate will need to be formally appointed by the probate court.
4. Keep Your Financial Records
If you managed your parent's finances under the power of attorney, preserve your records.
Alabama law generally requires an agent to keep records of receipts, disbursements, and transactions made on behalf of the principal.
Bank statements, receipts, and other records can be helpful when the estate is being administered.
5. Get Legal Advice Before Taking Significant Action
Every estate is different.
If your parent owned real estate, had significant financial accounts, received Medicaid benefits, had a trust, owed substantial debts, or had family members who may disagree about the estate, it is especially important to understand who has authority before moving money or property.
Who Handles My Parent's Affairs After Death?
Once your parent dies, the focus shifts from lifetime planning to estate administration.
Some assets may need to go through probate. Others may pass according to a beneficiary designation, joint ownership, or trust.
That means there may be more than one person who has authority over your parent’s assets.
For example, the personal representative may administer probate assets, while a trustee may manage trust assets. An insurance company or retirement plan administrator may distribute funds according to the beneficiary designations on record.
The way each asset is owned matters.
That is why the next step after a parent's death is not simply finding the power of attorney and continuing to use it. Instead, the family needs to understand how the estate is structured and who has authority over each type of asset.
The Power of Attorney and the Will Do Different Jobs
It can help to remember the basic distinction:
Power of attorney: Who can act for me while I am alive?
Will: What happens to my estate after I die, and who do I want to administer it?
A trust, beneficiary designation, and the way property is titled can also affect what happens after death.
These documents and ownership arrangements work together, but they serve different purposes.
What You Need to Know
If your parent gave you power of attorney, you may have been able to handle important financial and legal matters for them during their lifetime.
But a power of attorney generally ends when your parent dies.
If you were also named as executor or trustee, your authority after death comes from that separate role—not from the power of attorney.
And if you were the person who helped your parent manage everything while they were alive, your knowledge may be extremely valuable. Keeping good records and gathering the right documents can help make the transition to estate administration much smoother.
Your Next Step
At Provident Law, we help families understand how powers of attorney, wills, trusts, and other estate-planning documents work together. If you are helping an aging parent—or if you want to make things easier for your family—it is important to understand these roles before they are needed.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families navigate complex legal matters with confidence.
Disclaimer
This article is intended to provide general information and help you think through important estate planning decisions. It is not legal advice and does not create an attorney-client relationship. Because every situation is different, we encourage you to consult with an experienced estate planning attorney to discuss your specific goals and needs.
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