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 death  legal







 

Question by  lmen91 (31)

What happens to a power of attorney after death?

 
+7

Answer by  patti (29325)

An individual extends a POA to a representative to allow that person to represent him/her in specific matters. When the individual is dead, he/she can no longer be represented in any fashion. The POA is invalid. You cannot sign on behalf of a dead person.

 
+7

Answer by  patti (29325)

A power of attorney authorizes an individual to act on behalf of another person. A durable power of attorney stands even if the person becomes incapacitated so that business may be conducted on his behalf. A dead person has no business to conduct, so a POA is moot.

 
+5

Answer by  tamarawilhite (17883)

The power of attorney ceases to be in effect when the person dies. All assets go back to the estate and are handled by the executor.

posted by Anonymous
What happens if there is no will or executor?  add a comment
 
+4

Answer by  jeroboam (185)

Death of the principal traditionally revokes all agents' powers of attorney, whether durable or not, although acts done without actual knowledge of the principal's death may still be valid.

 
+4

Answer by  Ron27 (465)

A power of attorney is invalidated immediately upon the death of the principal. The document should state in it that it is only valid during the lifetime of the principal, but even if this information is not included, by operation of law, when the principal dies, the power of attorney ceases.

 
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