Power of Attorney and Enduring Guardianship After Death
Power of attorney and enduring guardianship arrangements can cause confusion after someone passes away, particularly when family members are unsure what authority continues and what responsibilities come to an end. This page explains the general effect of death on these roles, what documents may need to be reviewed and how Law Tram provides a secure and obligation-free way to connect with licensed Australian lawyers who can explain your options.
Do powers of attorney still work after someone dies?
No. A power of attorney or enduring guardianship ends automatically when the person who made it (the principal) dies. After that, only a legally appointed executor or administrator has authority to manage the deceased’s affairs. However, issues often arise when attorneys or guardians continue to act after death, sometimes unintentionally, and other times unlawfully.
There can also be concerns about how these powers were used before death. Family members may question whether money was misused, decisions were made in good faith, or whether assets were transferred unfairly.
Law Tram connects you with lawyers who can explain your legal position and assist with any concerns about the use or misuse of powers of attorney or guardianship before or after death.
Law Tram can assist with these matters, including:
- Confirming when a power of attorney or guardianship legally ends
- Investigating whether an attorney acted lawfully before death
- Advising if funds were withdrawn or assets sold inappropriately
- Responding to concerns about elder abuse, coercion, or financial misuse
- Clarifying the rights of executors after the attorney’s authority ends
- Taking legal action to recover money or property misused before death
- Supporting attorneys or guardians facing family accusations or pressure
- Ensuring proper handover of authority after death
Why choose Law Tram
- Connect with lawyers who understand beneficiary disputes
- Confidential platform to outline your situation and ask questions
- Guidance on what information or documents may be relevant
- No obligation to engage any lawyer you speak with
- Lawyers help you understand the legal considerations involved
How it works
Confidential and Secure Questionnaire
Start by completing our secure online questionnaire. This step allows you to provide essential details about your legal matter and financial circumstances.
Confidential Legal Snapshots
Law Tram’s advanced technology generates a confidential legal brief summarising your case while keeping your personal details private.
Review by Licensed Australian Lawyers
Your confidential legal snapshot is shared with our network of vetted lawyers who review your case to determine how they can assist.
Connect with a Lawyer
If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.
No Obligation
You’re under no pressure to retain any lawyer unless you’re confident in their ability to assist. Law Tram empowers you to make informed decisions.
What others are saying
Real experiences from people who used Law Tram for estate-related matters:
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in disputes between beneficiaries. Whether your concerns relate to communication problems, uncertainty about rights, questions about the distribution process or tension between family members, our platform helps you access tailored legal guidance before you decide how to proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
No. It ends immediately upon the principal’s death. The executor or administrator takes over at that point.
Yes. If they acted dishonestly, outside their authority, or for their own benefit, legal action may be possible.
Power of attorney typically covers financial matters. Enduring guardianship covers medical and lifestyle decisions. Both end on death.
Possibly. If it was misused or taken without proper authority, a lawyer can assist in tracing and recovering funds or assets.
Legal advice can help clarify your position, provide evidence of your actions, and protect you from unfair claims.
Creating a simple timeline of events, compiling key documents and noting areas of concern can assist a lawyer in understanding the issues and explaining possible next steps.
Sometimes tension between beneficiaries can make administration more difficult. A lawyer can explain how executors generally manage competing expectations and where limits on their involvement may apply.
In many cases beneficiaries can seek reasonable explanations about certain decisions or processes. A lawyer can describe what information is typically available and how such requests are usually handled.