No. A Florida power of attorney terminates when the principal dies (§ 709.2109). From that moment the agent has no authority to write checks on the decedent’s accounts, sell property, or sign anything for the decedent, even to pay the funeral or the decedent’s bills.
After death, authority belongs to the personal representative appointed by the probate court, for estate assets, and to the successor trustee, for assets in a trust. The former agent may be the right person to take on one of those roles, but needs the new appointment first.
What the agent should do after the death
- Stop using the power of attorney. Do not withdraw funds or sign transactions on the decedent’s behalf.
- Preserve records. Keep statements and receipts for everything done under the power of attorney during the principal’s life; the personal representative and beneficiaries may ask for an accounting of the agent’s actions.
- Turn over property you hold for the principal to the personal representative or successor trustee.
- Let the institution know the principal has died, so it does not keep honoring the document.
During life: what a durable power of attorney does
A durable power of attorney lets an agent manage the principal’s finances during life, including if the principal becomes incapacitated. In Florida it must be signed by the principal with two witnesses and acknowledged before a notary (§ 709.2105). The agent is a fiduciary who must act in good faith, within the authority granted, in the principal’s best interest, and, as far as consistent with that, to preserve the principal’s estate plan (§ 709.2114). Certain powers, such as making gifts, creating or changing a trust, or changing survivorship rights or beneficiary designations, require the principal’s separate signature or initials next to each one (§ 709.2202).
The power of attorney can also end during life, for example if a court finds the principal incapacitated (unless it preserves certain powers), if the principal revokes it, or if a non-durable power’s principal becomes incapacitated (§ 709.2109).
Why a will or trust is still needed
Because the power of attorney ends at death, it cannot be used to settle the estate. A will names the personal representative; a revocable trust names a successor trustee who can manage trust assets immediately at death.
What changes the answer
- Whether the act happened before or after the death
- Whether the asset is in a trust, has a named beneficiary, or is in the decedent’s name alone
- Whether the former agent will be appointed personal representative or is successor trustee
An example
A son held his mother’s durable power of attorney and paid her bills from her checking account for two years. The day after she dies, the funeral home asks him to pay from her account. He does not; the power of attorney ended at her death. He pays the deposit himself and keeps the receipt. After he is appointed personal representative, the estate reimburses him, since funeral expenses are a priority estate expense, and he turns over his records of the two years he served as agent.
Common mistakes
- Using the decedent’s debit card or checks after death
- Transferring money to yourself “because Mom wanted it”
- Discarding records of transactions made as agent
- Assuming the agent automatically becomes the personal representative
What to gather
- The power of attorney
- Statements and receipts for transactions you made as agent
- The will and any trust
- A list of the principal’s assets and how each is titled
Next step
Stop acting under the power of attorney, keep your records together, and ask who will be appointed personal representative or is named successor trustee.
Related guidance
- What does a personal representative do?
- What should I do after a family member dies?
- Revocable living trusts
- Estate planning: durable powers of attorney
Sources: Florida Statutes § 709.2105, § 709.2109, § 709.2114, and § 709.2202 (2026). Checked on October 23, 2026.