Keeping accurate records as Power of Attorney is not option, it may be required.
Being named as someone’s agent under a Durable Power of Attorney often feels like an act of trust—and it is. You’re stepping in to help manage finances, pay bills, and make decisions when someone can’t do it themselves. What many people don’t realize is this: your actions as power of attorney can be reviewed, questioned, and even challenged after the person has passed away.
Death does not automatically close the door on accountability. In fact, in many cases, it opens it.
Let’s talk about how the law allows family members to request an accounting of your actions under a Durable Power of Attorney, what that means in practice, and why “I was just helping” is not always enough.
What Is a Durable Power of Attorney?
A Durable Power of Attorney (often called a DPOA) allows one person (the “principal”) to give another person (the “agent”) authority to act on their behalf for financial and legal matters.
“Durable” means the authority continues even if the principal becomes incapacitated.
Common powers include:
Paying bills
Managing bank accounts
Handling investments
Buying or selling property
Applying for benefits
This role comes with fiduciary duties, meaning the agent must act honestly, carefully, and only in the best interest of the principal.
The Common Misunderstanding: “My Authority Ends at Death”
It’s true that a power of attorney ends at death. Once the principal dies, the agent can no longer act.
But here’s the critical distinction: the authority may end, but the responsibility does not.
The law allows certain people to look back at what the agent did while the power of attorney was in effect—and to ask the court to require an accounting of those actions.
Who Can Ask for an Accounting?
After death, the right to request an accounting often belongs to:
The personal representative of the estate
Heirs or beneficiaries
Family members with a financial interest
In some cases, the court itself
Under both Kansas and Missouri law, courts have authority to review whether an agent under a Durable Power of Attorney properly handled the principal’s finances.
This is especially common when:
Large sums of money were transferred
Assets disappeared before death
Records are incomplete or missing
Family members were excluded or surprised
What Is an Accounting?
An accounting is not just a summary or a verbal explanation. It is a detailed, written report that may need to be filed with the court.
An accounting can require the agent to show:
All money received
All money spent
Dates and purposes of transactions
Copies of bank statements
Receipts and supporting documents
Transfers to themselves or others
In short, the agent may be required to reconstruct every financial decision they made while acting under the power of attorney.
“But I Was Helping the Family…”
Good intentions are not a legal defense.
Even well-meaning agents can face court scrutiny if they:
Paid themselves back without documentation
Mixed personal and principal funds
Made gifts without clear authority
Failed to keep records
Used money in ways that benefited themselves
Courts do not evaluate actions based on family dynamics or verbal understandings. They look at documents, authority, and proof.
If the records don’t support the actions, the agent may be required to explain—or repay—the funds.
Why These Cases Often Come Up After Death
Disputes over a power of attorney often don’t surface until after the principal passes away. Why? Because death is when:
Estate inventories are reviewed
Financial gaps become obvious
Heirs start asking questions
Paper trails matter
At that point, family members may compare what should be there with what is there—and when the numbers don’t add up, the power of attorney is often the first place they look.
What the Court Can Do?
If a court finds problems with how a power of attorney was used, it has broad authority to act.
That authority may include:
Ordering a full accounting
Requiring repayment of funds
Surcharging the agent for losses
Awarding damages to the estate
In extreme cases, referring matters for further action
Serving as power of attorney is not a casual role. It is a legal position with real consequences.
How Agents Can Protect Themselves
The best protection is good recordkeeping.
Agents should:
Keep separate accounts
Save receipts and statements
Document reasons for major decisions
Avoid informal “reimbursements”
Never assume family approval equals legal authority
If something feels questionable, it usually is.
Final Thoughts: Trust Comes With Accountability
Being named as power of attorney is an honor—but it is also a responsibility that can follow you long after the person you helped has passed away.
The law gives families and courts the tools to ask hard questions, demand answers, and require proof. Whether those questions arise depends not on your intentions, but on your actions—and your records.
If you serve as a power of attorney, the safest assumption is this: everything you do may one day be reviewed.
Legal Disclaimer
This blog post is provided for general informational purposes only and is not intended to be legal advice. Reading this post does not create an attorney-client relationship.
The duties, rights, and obligations of an agent acting under a Durable Power of Attorney are governed by state law and depend on the specific facts of each case. The information discussed in this article is general in nature and may not apply to your individual situation. Laws may change, and court interpretations may vary.
You should not rely on this information to determine your legal rights or obligations as a power of attorney, heir, or personal representative. If you have questions about a Durable Power of Attorney, a request for an accounting, or potential court involvement, you should consult with an attorney licensed in the appropriate jurisdiction.