If a person has a durable power of attorney can the principal leave special instructions that the agents powers are to continue for 3 years after his death?

My father made me the agent of his durable
power of attorney and he put special
instructions that I would continue my duties for
up to 3 years after his death so I could finish up
all our business. Is this legal? Will the bank
honor it?

Asked on December 3, 2018 under Estate Planning, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, the bank will not honor that because a power of attorney ends when the principal (the person making it) "ends"--i.e. a POA expires at death. What your father can do is have a will and in it, make you the executor of his estate: as executor, you'd have the power to continue to manage or wind-up his affairs after death.

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.