Does a revocation of power of attorney carry over in death?
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Does a revocation of power of attorney carry over in death?
My mother-in-law passed away but before she died. She revoked her oldest sons POA
Will this still stand in her death? She assigned me as her P.R. and her oldest son
is quite angry and taking me to court to assume the possition.
Asked on March 22, 2016 under Estate Planning, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Whether revoked or not, a power of attorney has no power or authority after death: a power of attorney only grants the "attorney in fact" (the recipent of the power under the POA) authority while the principal (the person making the POA) is alive (and only while the POA is not revoked). After death, if there there is a personal representative designated by a will or by a court, that person has authority, not the attorney in fact.
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