I signed off on power of atttorney to my younger brother so he could handle our moms affairs,while she was living. Now she passed is the power of attorney still valid ?

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I signed off on power of atttorney to my younger brother so he could handle our moms affairs,while she was living. Now she passed is the power of attorney still valid ?

I’m not sure of my rights

Asked on May 31, 2017 under Estate Planning, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A power of attorney expires on the death of the grantor (i.e. principal), at least as of the time that the agent learns of the death of the grantor. This means that the agent may legally act on the principal's behalf if they do not yet have knowledge of the death. Once they do have such knowledge, they may no longer act as an agent in the grantor's place. When the principal dies their Will, if they have one, becomes the authorizing document as to the admistration of their affairs by the executor.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A power of attorney expires on the death of the grantor (i.e. principal), at least as of the time that the agent learns of the death of the grantor. This means that the agent may legally act on the principal's behalf if they do not yet have knowledge of the death. Once they do have such knowledge, they may no longer act as an agent in the grantor's place. When the principal dies their Will, if they have one, becomes the authorizing document as to the admistration of their affairs by the executor.
 


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