After a death, is the a power of attorney void? 25 Answers as of July 14, 2013

Can you have two personal representatives instead than one? If one resigns, is the agreement void? Or does the other personal representative have the control. If the two can not come to an agreement, does the rest of the family have the right to get a neutral representative?

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Law Office of Thomas C. Phipps | Thomas C Phipps
Yes. On the death of the principal, the power of attorney' authority terminates.
Answer Applies to: Missouri
Replied: 7/14/2013
Gates' Law, PLLC | Thomas E. Gates
The Power of Attorney is only valid when the principal is alive. If there are co-personal representatives, both must agree to do anything. If one quits, the remaining representative can act alone. If the family can show the court that you have not properly done you job, they can ask for a new personal representative be appointed. This rarely happens, since the court wishes to honor the deceased desire to have the named representative handle their estate.
Answer Applies to: Washington
Replied: 7/14/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Yes, POA is no longer valid after death. Yes, you can have two personal representatives, but it's a bad idea. Too many cooks spoil the broth. If the two personal representatives can't agree, they're pretty much going to have to petition the court for instructions. The things the personal representative needs to do should not be controversial. The personal representative needs to pay the decedent's debts, file tax returns and pay the taxes, sell real property, and distribute the estate as set forth in the will (or by statute, if no will). Usually, if all the devisees have opinions and insist on things being done their way, you don't end up with a better result, you end up worse off. You've heard of estates where the lawyers get everything? This is how you do it, by not being able to get all the egos out of the way and let the personal representative get things done. If the personal representative really screws things up, petition the court to surcharge him. Biggest thing: don't make probate the thing that tears your family apart. An extra ten bucks is not worth it.
Answer Applies to: Oregon
Replied: 7/14/2013
Frederick & Frederick PLC | James P Frederick
Power of attorney forms terminate upon death. You can have two personal representatives. It can be a hassle and create added headaches and added costs, if you do. But it certainly can be done. If there is a dispute and the family cannot agree, the court can appoint a public administrator to handle the estate. This can also be more expensive. But it takes the family drama out of the equation.
Answer Applies to: Michigan
Replied: 7/14/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Powers of attorney die with the person who issued the POA.
Answer Applies to: California
Replied: 7/14/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Yes, a power of attorney dies with the maker. After death it is no longer valid.
    Answer Applies to: Nevada
    Replied: 7/14/2013
    Stephens Gourley & Bywater | David A. Stephens
    Death terminates the power of attorney. If there are two and one resigns whether the remaining one can act alone depends on the terms of the power of attorney. If they cannot agree then the terms of the power of attorney determine how to resolve disputes.
    Answer Applies to: Nevada
    Replied: 7/14/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    A power of attorney is void after death. The only way you can be personal representatives is to be appointed by a Probate Court. Were you? If properly appointed co-personal representatives cannot agree then look at Court's appointment of you two as co-personal reps and the will. If you cannot find a clear answer in those documents then file a motion in the court and have the court make the decision.
    Answer Applies to: Michigan
    Replied: 7/14/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    A Power Of Attorney terminates at the death of the person who granted the power. A personal representative is generally known as the person appointed by the probate court to administer the estate, also known as the executor of the estate. If you are using the term "personal representative" in the context of an agent under a Power Of Attorney, no one has the power any longer. In a probate context, generally one person petitions the probate court to be appointed personal representative or executor. If more than one person wants to be appointed the court decides who is best able to fulfill the duties. The person appointed is then subject to the probate court to confirm all decisions made.
    Answer Applies to: California
    Replied: 7/14/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The power of attorney ends at the death of the person who granted the power to another. Two personal representatives are not uncommon as settling an estate can be a very time consuming job. Unless the will states otherwise, either personal representative can resign and the other person will automatically have sole responsibility for the estate. If there are two personal representatives and they can't agree on what to do, any other interested party family, creditor, adjacent property owners, etc. can petition the probate court to remove those two and appoint another person to be personal representative.
    Answer Applies to: Nebraska
    Replied: 7/14/2013
    Irwin Law Offices | Michael Irwin
    A Power of Attorney is valid until the death of the person who created it. Thereafter, the personal representative of the decedent's estate, as appointed by the probate court, will have the authority to act on behalf of estate matters.
    Answer Applies to: Ohio
    Replied: 7/14/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    A power of attorney is only for the living.
    Answer Applies to: Michigan
    Replied: 7/14/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, a financial power of attorney is void up death. If the proper language is in the document, a health care power of attorney can be used to determine what should be done with the body after death, including the right to autopsy. You need to read through the document to make this determination. A probate court can appoint co-personal representatives. If one resigns, the other can continue as personal representative and the appointment is not void.
    Answer Applies to: Missouri
    Replied: 7/14/2013
    James Law Group
    James Law Group | Christine James
    Power of attorney is not valid after death. Any person can petition for probate. It is best to get agreement and a neutral 3rd party is always a good idea.
    Answer Applies to: California
    Replied: 7/14/2013
    Estrada Law P.C. | Michele Ungvarsky
    Authority granted by any power of attorney dies with the person who granted the power. Yes, two representatives can be appointed for probate of an estate, however, is usually better to have an odd number so a tie vote can be avoided.
    Answer Applies to: New Mexico
    Replied: 7/14/2013
    Danville Law Group | Scott Jordan
    A Power of Attorney is terminated on the death of the grantor. Has probate been filed and two individuals named administrators? Or, did the decedent leave property in a trust and have two individuals named as co-trustees? If there is a dispute between the individuals, how it is resolved will depend on how the estate is being administered.
    Answer Applies to: California
    Replied: 7/12/2013
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    You are mixing your metaphors. The power of attorney is void after the death of the principal. The personal representative is appointed by the court. It is the named person in the will. You can have co-personal representatives. If they deadlock, there is a variety of manners of resolving the deadlock including facilitative mediation or court ordered resolution. There is no right to pick a third neutral unless all parties agree. If there is a trust, a trust protector may be appointed.
    Answer Applies to: Michigan
    Replied: 7/12/2013
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    Yes, the power of attorney dies with the maker of the POA.
    Answer Applies to: Florida
    Replied: 7/12/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    A power of attorney is no longer valid after death of the person giving the power.
    Answer Applies to: Texas
    Replied: 7/12/2013
    The Krone Law Firm, LLC | Norman B. Krone
    The Power of Attorney is void upon the death of the individual granting the POA.
    Answer Applies to: Florida
    Replied: 7/12/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    If the principal (the person who gives (signs) the power) dies, the power of attorney document can no longer be used. One co-agent can usually resign & the other co-agent can continue acting; however you need to look at the terms of power of attorney to see what it says about that situation. Only the named agents have the authority to act and make decisions.
    Answer Applies to: California
    Replied: 7/12/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    A power of attorney is ineffective when the principal becomes incompetent or dies. A durable power of attorney survives incompetence, but, death does terminate that power. An estate can have more than one personal representative. There is no "agreement" in connection with personal representatives... since the court is involved when there is a probate. If one resigns, unless the will says otherwise, the remaining representative will be the sole representative. If 2 personal representatives cannot come to an agreement, the judge will make the decision. If instead of the term, "personal representative" which indicates the use of a Will or a person dies intestate (which the term administrator) usually applies, you mean Trustee, then the terms of the Trust will control the actions and activities of the Trustee(s). The "family" does not get involved in decision making unless the terms of a Will or Trust would define a group, like the family, in making certain types of decisions... and it would be specified in the estate plan documents. All of your questions indicate the need to become more educated in this area. A good estate planning attorney would be able to give you the education you need to understand more of this area of law. Should you have any questions or wish to discuss this matter further, please feel free to contact me.
    Answer Applies to: California
    Replied: 7/12/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Yes, power of attorney terminates upon the death of the individual who gave the authority to the agent. Yes, there may be co-administrators/co-executors who are to act jointly. If you can prove that either one or both are unfit to serve, you may nominate a neutral third party to serve as the personal representative of the estate.
    Answer Applies to: California
    Replied: 7/12/2013
    Attorney At Law | James G. Maguire
    A POA terminates upon the death of the person who granted it. The other questions depend on how the POA was written. A properly written POA says what happens if there are more than one agent, and one dies or resigns. The terms of a POA can only be amended by the person who granted it.
    Answer Applies to: Louisiana
    Replied: 7/12/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    The power of attorney dies when the person who give the power dies or otherwise revoke it.
    Answer Applies to: Georgia
    Replied: 7/12/2013
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