Power of attorney does not expire unless you die or make the stipulation to end it. For example, if you are having major surgery and you are concerned about your ability to handle your own affairs as you go through the surgery, rehabilitation, and recovery process.
A power of attorney becomes null and void after the death of the principal. The person acting as the POA no longer has the authority to make decisions for the deceased or to manage any part of the estate.
The least common way for a durable power of attorney to end is by including in the documents a date on which it will end.
If the person named as attorney no longer wants to serve, then that person would end up resigning and the next person named as successor in the durable power of attorney document would begin to serve on the principal’s behalf.
If someone seeks to revoke a durable power of attorney, the person using the durable power of attorney and acting on their behalf needs to receive notice in writing that the durable power of attorney is being revoked.
This is very important because a person using a power of attorney cannot be held liable for actions taken after the revocation if they had no idea the document was revoked.
Does A Power Of Attorney Ever Expire? A durable power of attorney does not expire unless the principal passes away or revokes the document, or unless the document itself dictates that it will expire on a certain date.
If there is no successor agent named in the legal document, then the attorney, in fact, may or may not be able to give that authority to someone else depending on Florida law and the wording of the document. In most instances, it is not possible for an attorney, in fact, to name someone else as an attorney in fact.
Another way for a durable power of attorney to end is for it to be revoked. A creator is always able to revoke the power of attorney, which is commonly done when the creator is not happy with the actions taken by the power of attorney.
Powers of attorney lose all authority upon the person’s death who is subject to the document — also known as the principal. So, even if the document granted financial decision-making and operational authority during the principal’s life, those powers all evaporate upon the principal’s death.
Some powers of attorney include a special “durable” designation. Despite the description, this type of power of attorney isn’t sturdy enough to continue after death. Rather, durable powers of attorney can stay in effect even if the principal becomes legally incapacitated.
After someone passes away, many scenarios exist for what could happen next. However, those left behind should find themselves in one of the following general categories:
Probate is a big concept and process, so it is normal to have questions. Your local probate court may have forms and location-specific information available online.
Powers of attorney are just one part of an overall estate plan. They fill the critical gap that occurs when someone needs assistance with medical and financial tasks. However, their usefulness ends upon the death of the principal.