What happens if the person that you hold Power of Attorney for dies?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if the person that you hold Power of Attorney for dies?
Asked on July 9, 2015 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A power of attorney expires on the death of the principal (i.e. the person who granted the POA). Accordingly, when an agent (i.e. the person who was designated to be the POA) learns of the death of the principal, they no longer may act as the agent of the principal's (i.e. act in their place). However, this means that the agent may act on the principal's behalf if they do not yet have knowledge of the principal's death.
Note: When a principal dies, their Will becomes the authorizing document for an executor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.