Key answer: An enduring power of attorney ends when the principal dies. It does not automatically make the attorney an executor. The same person can be chosen for both roles, but the appointments are separate.
By Hemmings Legal | Updated 24 October 2026 | Victoria, Australia
“My daughter has power of attorney, so she can look after everything when I die.” It is an understandable assumption, but it mixes up two different roles. In Victoria, an enduring power of attorney and a Will deal with different stages of life. Planning for one does not replace planning for the other.
What does an enduring attorney do?
An enduring power of attorney lets you appoint someone to act for you in financial matters, personal matters, or specified matters. The document determines the scope of their authority and when it starts. Depending on its terms, it may operate immediately or when you lose decision-making capacity for the relevant matters. “Enduring” means it can continue despite that loss of capacity. It does not mean it continues after death. [1]
What changes when you die?
Section 51 of the Powers of Attorney Act 2014 (Vic) provides that an enduring power of attorney is revoked when the person who made it dies. Your attorney should not continue using that appointment to transact on your behalf after learning of your death. [1]
Responsibility for administering your estate is a separate question. An executor appointed in your Will generally gathers estate assets, deals with debts and distributes the estate to those entitled. If there is no executor able and willing to act, a court-appointed administrator may be needed. [2]
Does the executor always need probate?
Not every estate requires a court grant. Whether a grant is needed depends on the assets and the requirements of the organisations holding them. A grant of probate confirms the last valid Will and the authority of the executor named in it. Letters of administration are used in other circumstances. [2]
Can the same person hold both roles?
You can plan for the same trusted person to be your enduring attorney and your executor, but each appointment must be dealt with separately. Being your attorney does not automatically make someone your executor. Think about their willingness, availability and ability to manage each responsibility, rather than assuming one document covers both. [1, 2]
Three useful checks
- Read your documents together: who is appointed in each, and are your choices still suitable?
- Talk with the people you have chosen about the different roles.
- Keep a clear record of where the documents are held so they can be located when needed.
If you are unsure whether your Will and enduring power of attorney work together, contact Hemmings Legal. We can help you review the appointments and understand the distinction between planning during life and administering an estate after death.
General information for Victoria only, not legal advice for your individual circumstances.
Sources
[1] Powers of Attorney Act 2014 (Vic), current authorised version, sections 22 (scope and continuation despite loss of capacity), 39 (commencement) and 51 (revocation on death). See also Office of the Public Advocate: Making an enduring power of attorney for practical guidance on scope, commencement and choosing an attorney.
[2] Supreme Court of Victoria: How to determine if a grant of probate or administration is required, covering estate administration, executor and administrator roles, and when grants are needed.
Frequently asked questions
Can a power of attorney be used after someone dies?
An enduring power of attorney is revoked on the principal’s death under section 51 of the Powers of Attorney Act 2014 (Vic). An attorney should not continue using it after learning of the death.
Can my attorney also be my executor?
Yes. You may choose the same person, but appointing them as attorney does not appoint them as executor. Each role needs its own arrangement.
Related reading: Probate in Victoria: what families need to know.
Estate planning advice in Bayswater and Melbourne’s east
Hemmings Legal helps clients in Bayswater, Boronia, Wantirna, Croydon, Ringwood and surrounding suburbs, with video appointments available for Victorian clients. View our estate planning services and fees or contact our legal team.
Book an estate planning appointment or call 0466 028 844.
Explore more: Correcting a Will After Death in Victoria: Rectification.
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