QUESTION
If a person whom has POA dies before the person whom he has POA, does the POA go to the executor of the deceased estate to appoint another?
Asked on Jan 20th, 2013 on Estate Planning - California
21 ANSWERS
Real Property Attorney serving Utica, MI
at
Douglas A. Tull, P.C. Attorney at Law
Update Your Profile
No. Depends on what the POA says - but normally, no, the POA expires with the agent just as it expires with the principal.
Answered on Feb 04th, 2013 at 10:51 PM
Estate Planning Attorney serving Marquette, MI
at
The Wideman Law Center, P.C.
Update Your Profile
If the person appointed as Power of Attorney (Agent) dies before the person he was acting for (Principal), and the document has not named someone else. Then there no longer is a Power of Attorney for the Principal. The Principal needs to prepare a new document if he can.
Answered on Jan 28th, 2013 at 7:24 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
If you are the attorney in fact under someone else's power of attorney and you die prior to the person who gave you the power, that power of attorney (in you) ends and the person who granted the power must name a new attorney in fact. So, no, the executor of the deceased attorney in fact does NOT get to appoint a new attorney in fact.
Answered on Jan 24th, 2013 at 8:39 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
If a person who grants the POA to another dies, then the POA dies with that person. If the receiver of the POA dies, then the alternate if so designated can step into place or the POA can be amended to grant another person the POA. However in the last situation, I would prepare a new POA.
Answered on Jan 23rd, 2013 at 11:15 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Principal appoints attorney-in-fact to act on principal's behalf. If principal dies, the power of attorney is no longer in effect. If attorney-in-fact (agent) dies, then it is no longer in effect. If the power of attorney named an alternate agent, that would be effective.
Answered on Jan 23rd, 2013 at 5:36 PM
All Power of Attorney appointments cease immediately at the time of death and the appointed attorney-in-fact has no authority to act or make decisions after that. The executor handles all details of the estate. Although he may delegate others to help close the estate, he or she alone is responsible for all the details.
Answered on Jan 23rd, 2013 at 5:35 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
No. The POA document normally has one or more alternate persons named as agent. If that is not the case, then the POA would no longer be usable and there would need to be a probate proceeding to appoint a guardian/conservator for the incapacitated person.
Answered on Jan 23rd, 2013 at 5:35 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
If the principal, the person granting the POA, dies, the POA is void. If the agent, the person who was appointed, dies before the principal, if there is an alternate appointed, it will go to the alternate.
Answered on Jan 23rd, 2013 at 5:35 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
The power of attorney ends when the agent dies. I make sure that there are alternate agents to take over in a situation like this. If no alternate has been named, then a new POA has to be signed. If the person giving the POA in incapacitated, then somebody may need to go and get a guardianship and a conservatorship established.
Answered on Jan 23rd, 2013 at 5:34 PM
3 Awards
No. The Maker, if competent, may name a new attorney in fact. If not competent to do so, then a court proceeding to establish a guardianship needs to be brought.
Answered on Jan 23rd, 2013 at 5:33 PM
2 Awards
No, a POA dies with the power grantor. An executor can act on behalf of a deceased once a court issues an appropriate order (typically letters testamentary or letters of administration).
Answered on Jan 23rd, 2013 at 5:32 PM
No, the power of attorney is void upon death.
Answered on Jan 23rd, 2013 at 5:32 PM
Thomas Edward Gates
No, the Power of Attorney dies with the death of the principle.
Answered on Jan 23rd, 2013 at 5:31 PM
Bankruptcy Attorney serving Alpena, MI
at
Carl C. Silver Attorney at Law
Update Your Profile
When a person who grants power of attorney to another (for the person and/or finances) dies the power of attorney also dies with him or her. No power of attorney has any validity whatsoever when the person who granted the power of attorney dies. You need to start a probate estate to have a personal representative appointed to carry on the financial affairs of the decedent. The only other way is for a person to set up a trust wherein a successor trustee can carry on the financial affairs of the decedent without the involvement of a probate court.
Answered on Jan 23rd, 2013 at 5:31 PM
Tax Attorney serving Portland, OR
at
Bullivant Houser Bailey PC
Update Your Profile
A POA ceases to have effect when the giver of the POA dies; an agent ceases to function on the agent's death. Neither the estate of the giver (if the giver dies first) or the estate of the agent (if the agent dies first) has any authority to change the POA.
Answered on Jan 23rd, 2013 at 5:30 PM
2 Awards
Your question is hard to understand. The principal is the person who appoints and agent under a POA. If the principal dies, the POA is no longer valid and the estate would be administered through the will or trust. If the agent dies, the principal can, if they have capacity, simple prepare a new power of attorney form designating a new agent. I hope this helps.
Answered on Jan 23rd, 2013 at 5:30 PM
Probate & Trust Attorney serving Seminole, FL
at
Law Offices of Phillip Day, P.L.
Update Your Profile
First thing we need to establish is the the Power of Attorney dies with the person for whom the document is drafted for. Therefore an agent acting on behalf of someone who has appointed him as the agent can no longer act as the agent once that person has deceased. The second thing we need to establish is that most power of attorney forms if not all, are revocable such that one can appoint anyone at anytime to act as their agent and if that agent is to die before you actually need that person to act, then hopefully the document lists further agents and if not, then you simply redraft a new power of attorney form appointing your agents. Your question is somewhat confusing as to which party is passing. It would be advisable to speak to an experienced attorney so that he or she may better assist you.
Answered on Jan 23rd, 2013 at 5:30 PM
No, it is controlled by the POA document. If a successor agent is appointed in the document, that person serves. If not, then it expires.
Answered on Jan 23rd, 2013 at 5:29 PM
No, the a new POA is needed appointing a new person unless there is an contingent attorney in fact in the original.
Answered on Jan 23rd, 2013 at 5:29 PM
Business Transactions Attorney serving Los Angeles, CA
at
Doland & Fraade
Update Your Profile
The death of the holder of a power of attorney (as well as the death of the grantor) terminates the power of attorney. It does not transfer to another.
Answered on Jan 23rd, 2013 at 5:28 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
No. If the POA document doesn't name an alternate agent, then the principal will need to name a new one. It the principal is now incapacitated, you're probably looking at guardianship and/or conservatorship.
Answered on Jan 23rd, 2013 at 5:28 PM