What happens if the person that you hold Power of Attorney for dies?

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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 6 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.


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