The Short Answer

In Pennsylvania, a power of attorney generally does not give someone ongoing authority to manage a person’s finances after death—control shifts to the estate’s court-appointed personal representative (executor/administrator). If a former agent used the power of attorney to take or move assets improperly, heirs typically pursue recovery through the estate (often by demanding records, tracing transfers, and bringing a court action for return/surcharge).

What Pennsylvania Law Says

After death, the key issue is who has legal authority to act for the decedent. Pennsylvania law recognizes that a personal representative has the right to take possession of and administer the decedent’s property, and to maintain actions necessary to protect and recover estate assets. Separately, Pennsylvania’s power-of-attorney statutes impose fiduciary duties on an agent (including recordkeeping) and allow the estate’s representative/successors to demand disclosures after death—critical when there are suspicious withdrawals, transfers, or self-dealing.

The Statute

The primary law governing recovery and control of estate property is 20 Pa.C.S. § 3311.

This statute establishes that the personal representative has the right to take possession of and administer the decedent’s real and personal estate and may maintain actions concerning estate assets during administration.

Two additional statutes often matter in “former POA abuse” cases: 20 Pa.C.S. § 5601.3 (agent’s duties, including recordkeeping and loyalty) and 20 Pa.C.S. § 5605 (good-faith actions taken without actual knowledge of death may still bind successors—an important issue when transactions occur around the date of death).

Why You Should Speak with an Attorney

Even when it feels obvious that a former agent “shouldn’t be touching anything,” these cases can turn on timing, documentation, and whether the agent claims the transfers were authorized gifts, reimbursements, or compensation. Applying the statutes to your facts is rarely simple, and the wrong move can delay probate or make recovery harder.

• Strict authority rules after death: The estate’s personal representative is typically the party with standing to demand records, take possession, and sue to recover assets under 20 Pa.C.S. § 3311. If no one has been appointed yet, heirs may need to address that first to avoid banks and institutions refusing to cooperate.
• Burden of proof and tracing: Proving misuse often requires bank records, transaction histories, and a clear timeline. Pennsylvania law requires agents to keep records and permits post-death disclosure requests by the personal representative/successor in interest under 20 Pa.C.S. § 5601.3, but enforcement may require court involvement.
• Exceptions and defenses: Under 20 Pa.C.S. § 5605, an agent (or third party) may argue they acted in good faith without actual knowledge of death. Whether that applies can depend on facts like notice, timing, and what the agent knew.

If you suspect a former power of attorney drained accounts, changed beneficiary designations, or transferred property, an attorney can help the estate quickly secure records, evaluate claims, and pursue recovery in the proper court and posture—without accidentally tipping off the wrong person or undermining the estate’s position.

If you want more background, you may also find these helpful: Can a Power of Attorney Manage Assets After Death in Pennsylvania? and How Can I Challenge an Executor’s Accounting and Recover Missing Estate Funds in Pennsylvania?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.