QUESTION
When does a power of attorney expire?
Asked on Sep 19th, 2014 on Estate Planning - Washington
More details to this question:
If the person is incapable of handling business due to illness and blindness.
2 ANSWERS
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A durable power of attorney expires the moment the principal passes away, or by court order (appointment of a guardian) or sometimes if the document allows for revocation by the principal. Other powers of attorney are limited and expire on an event or at a certain date (i.e., selling a piece of real estate or a car for someone while they are away; or expires upon the person returning from a trip while you have watched their children for 3 weeks, etc). What person is incapable as you list below? The person who signed the power of attorney or the person acting as the agent/attorney-in-fact? I hope that helps!
Answered on Sep 23rd, 2014 at 6:53 PM
Thomas Edward Gates
The Power of Attorney expires either when the Principal withdraws the the document or when they die. If a person is incapacitated, they lack the capacity to withdraw consent. In this case, one would seek a court to appoint a guardian to oversee the Principal's financial affairs. Thus, the authority is withdrawn.
Answered on Sep 22nd, 2014 at 10:29 AM