what happens to a power of attorney when the person who granted it dies?

Full Answer

What does a power of attorney do when the person dies?

The law across all states dictates that power of attorney expires when the principal dies. However, expiration doesn't take effect until the power of attorney is aware of the death of the principal. In practices, this means that they may continue to act on their behalf until they're aware of the death.

Do you still have power of attorney if someone dies?

This simply is not the case. A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court.

Is a power of attorney good after death?

The POA after death ceases to have any power. Whether broad or limited, durable or non-durable, is power of attorney valid after death only grants powers while a person is alive. Following a death, the executor of the estate takes care of a person’s estate according to the term is power of attorney good after death.

What is power of attorney does not terminate after death?

You can't get a power of attorney to act for someone after he's died, and an existing power of attorney becomes invalid upon the death of the principal—the individual who gave you the right to take certain actions on his behalf. 1 

Is a Power of Attorney Valid After Death?

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.

Do Durable Powers of Attorney Last After 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.

What Are the Options for Proceeding After Death?

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:

Frequently Asked Questions: Power of Attorney After Death

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.

Managing an Estate without a Power of Attorney

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.

Types of power of attorney

There are four general types of power of attorney: durable, springing, conditional, and medical. Durable gives agents authority over all matters once the principal is knocked out. Springing comes into effect upon incapacity but automatically terminates after a stated period or on recovery of the principal.

Does a power of attorney expire at death?

A power of attorney is a document that gives you the right to act as an agent for another person. This authority can last either until the principal dies or until the document expires, whichever comes first. Therefore, you may use your power of attorney only if your principal is still living.

Does a power of attorney end at death?

A valid power of attorney expires once the principal dies. Therefore, using your authority as power of attorney after their death is not permitted by law.

What happens if a principal doesn't have a will?

If the principal didn’t have a will. If the principal didn’t have a will, their assets still need to pass through the probate process. In probate, the court will appoint an administrator to oversee the distribution of the principal’s assets and manage their outstanding financial affairs — similar to the executor of a will.

What happens if the principal wants you to retain authority over their property after their death?

If the principal wants you to retain authority over their property after their death, they must name you executor in their will.

What is a power of attorney?

A power of attorney is a legal form that allows the person creating it (the “ principal”) to appoint a trusted individual (the “agent”) to act on their behalf. For example, an agent can sign contracts, cash checks, pay bills, and manage investments for the principal. If you’ve ever been given power of attorney (POA), ...

What is the difference between a will and a trust?

A key difference between a trust vs will is that a trust doesn’t need to go through the probate process. There are many types of trusts for you to choose from.

Does a durable power of attorney expire?

Yes, a durable power of attorney also expires upon the principal’s death. A durable power of attorney allows the agent to continue acting on the principal’s behalf even if they become mentally incompetent and unable to communicate, yet it still doesn’t extend beyond the moment the principal passes away. In comparison, a standard power of attorney ...

Can a POA agent manage a property that the principal no longer owns?

Once a person dies, they no longer have legal ownership over property. Therefore, a POA agent can’t manage property the principal no longer owns.