Before proceeding, please review the  legal disclaimer.

Does Power of Attorney End at Death? What Texas Families Need to Know

A power of attorney (POA) is a powerful legal tool that allows someone to act on another person’s behalf for financial, medical, or legal matters. But what happens when the person who granted the POA (called the principal) passes away?

If you’re handling a loved one’s estate or acting as an agent under a POA, it’s important to know your authority has limits. So, does power of attorney end at death? The answer is yes—and understanding what comes next is crucial.

At The Lange Firm, we guide Texas families through the complex transitions that occur after a loved one’s death, including the end of powers of attorney and the beginning of probate or estate administration.

What Is a Power of Attorney?

A power of attorney is a legal document that allows one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in managing personal affairs.

Types of POA include:

• Durable Power of Attorney – Manages finances and remains valid if the principal becomes incapacitated.
  
  
• Medical Power of Attorney – Allows the agent to make healthcare decisions.
  
  
• Limited or Special POA – Used for specific, time-limited tasks.
  
  
• Springing POA – Takes effect only under certain conditions (like incapacity).
  
  

These powers can be broad or limited, depending on the language in the document.

Does Power of Attorney End at Death in Texas?

Yes. In Texas, and in every state, all powers of attorney immediately end when the principal dies.

This means:

• The agent no longer has legal authority to act on behalf of the deceased
  
  
• Any decisions made after death under a POA are invalid
  
  
• Responsibility for managing the deceased person’s estate shifts to a court-appointed executor or administrator
  
  

📌 Even if the POA was durable or unlimited in scope, it becomes void at the moment of death.

Why Does Power of Attorney End at Death?

A POA is meant to help someone while they are alive. Once they pass away:

• The individual can no longer grant authority
  
  
• Estate matters fall under probate law
  
  
• Only the executor named in a will, or an administrator appointed by the court, can take over legal responsibilities
  
  

At The Lange Firm, we help families navigate this transition with clarity and compassion.

What Can and Can’t Be Done After Death

⚠️ Using a power of attorney after someone has passed away can be considered fraud or financial abuse.

Who Takes Over After Death?

Once a person passes away, the authority to manage their affairs comes from:

✅ The Will

• If the deceased left a valid will, it should name an executor to manage the estate.
  
  
• The executor must be formally appointed by a probate court in Texas before taking any action.
  
  

✅ The Court

• If no will exists, the court will appoint an administrator to oversee the estate.
  
  
• Family members can apply for this role, but the court decides who qualifies.
  
  

💡 If you’re unsure whether you have legal authority, The Lange Firm can help determine your role and file the proper paperwork.

What Should You Do If You Were the Agent Under a POA?

If the person you were helping with a POA has passed away:

1. Stop using the POA immediately
   
   
2. Notify banks, doctors, and other institutions
   
   
3. Locate the will and other estate documents
   
   
4. Contact a probate attorney to begin estate administration
   
   
5. Help transition authority to the executor or administrator, if needed
   
   

If you have financial records or documentation from your role as POA, keep them organized—you may need to share them during probate.

Can a Power of Attorney Be Used to Avoid Probate?

No. A POA can’t distribute property after death—that’s the job of a trust or will.

However, a revocable living trust can avoid probate if the deceased transferred assets into it before death. The Lange Firm can help you explore trust-based planning if avoiding probate is a goal.

How The Lange Firm Can Help After a Loved One’s Death

At The Lange Firm, we help Texas families:

• Determine who has legal authority after death
  
  
• Navigate probate or file for letters of administration
  
  
• Assist former POA agents with transitioning responsibilities
  
  
• Handle disputes related to misuse of POA or estate property
  
  
• Set up estate plans that include wills, trusts, and POAs
  
  

📞 Contact us today for a consultation if you’re handling a loved one’s affairs and need guidance.

Final Thoughts

So, does power of attorney end at death? Yes—and knowing what comes next is key to avoiding legal and financial complications. If you’re unsure about your role or responsibilities, The Lange Firm can help you move forward with confidence and care.

✅ When the POA ends, let The Lange Firm help you begin the next step: settling the estate with dignity and legal clarity.