Does a power of attorney expire? 51 Answers as of June 27, 2013

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Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
Not necessarily. Read what the document says.
Answer Applies to: California
Replied: 10/9/2012
Horn & Johnsen SC
Horn & Johnsen SC | Dera L. Johnsen-Tracy
A power of attorney expires: 1) on the death of the individual, 2) if the power of attorney is subsequently revoked by the individual, or 3) if the language of the document states that the power of attorney will expire on a certain date, or upon the happening of a certain event. Some financial institutions, however, based on their own internal guidelines, will refuse to honor financial powers of attorney that not recently executed.
Answer Applies to: Wisconsin
Replied: 10/9/2012
Law Office of Alan H. Segal
Law Office of Alan H. Segal | Alan H. Segal
Generally a Power of Attorney stays in existence until it is revoked unless you put specific language in the document that says it terminates after a certain period of time.
Answer Applies to: Massachusetts
Replied: 10/8/2012
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Whether a power of attorney expires depends on its terms. If it is silent on the matter, then an ordinary power of attorney expires on death or incapacity of the principal, or when the principal revokes it. In other words, if X gives you a power of attorney and then becomes demented, it expires. However, many powers of attorney have provision that make them durable powers of attorney that do not expire until death or revocation.
Answer Applies to: California
Replied: 10/5/2012
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
The power of attorney terminates upon the death of the individual who gave the power (authority) to his agent. In addition, that individual may at any time revoke the power of attorney given to one person and appoint another.
Answer Applies to: California
Replied: 10/8/2012
    Mike Yeksavich | Mike Yeksavich
    Sometimes the P/A specifies an expiration time. If no expiration date then at some point in time people will just believe it is too old to rely upon.
    Answer Applies to: Oklahoma
    Replied: 10/7/2012
    Hamblin Law Office | Sally Hamblin
    It expires if the person who signed the power of attorney wants to end it. It automatically expires upon death.
    Answer Applies to: Michigan
    Replied: 10/7/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Not until you revoke it or die. You should ask about a durable power of attorney. This still expire at death but may afford protection if you become incompetent.
    Answer Applies to: Missouri
    Replied: 10/5/2012
    Carmen B. Marquez, PC | Carmen B. Marquez
    That will depend on what the Power of Attorney actually says.
    Answer Applies to: California
    Replied: 10/5/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Generally a durable power of attorney does not expire until the death of the grantor then it terminates automatically, however if there is an expiration date in the power of attorney it expires after that termination date. Also, if it is a durable power of attorney for child care (e.g. granting power of attorney over a child) it expires in 6 months from the date it was granted.
    Answer Applies to: Michigan
    Replied: 10/5/2012
    Stone|Novasky, LLC
    Stone|Novasky, LLC | Robert Novasky
    Often times, a power of attorney has specific written provisions that determine when it expires. If there is no written provision for the expiration or termination of the power of attorney, it can last indefinitely unless it is revoked, in writing, by the person to which the power of attorney applies.
    Answer Applies to: Washington
    Replied: 10/5/2012
    Blough Law Office | Janis L. Blough
    A power of attorney expires automatically upon the death or mental incompetence of the principal; a durable power of attorney survives any mental incompetency but expires upon death of the principal. The principal can also cancel a power of attorney at any time by taking action calculated to inform others that it is no longer in effect.
    Answer Applies to: Michigan
    Replied: 10/5/2012
    Richard M. Gee, a PC
    Richard M. Gee, a PC | Richard M. Gee
    It depends on its terms. Certainly it expires on the death of the principal.
    Answer Applies to: Colorado
    Replied: 10/5/2012
    LAW OFFICE OF ROBERT I LONG
    LAW OFFICE OF ROBERT I LONG | Robert I. Long
    In California, Powers of Attorney created before 1992 expired after 7 years. Powers of Attorney created after 1991 do not expire unless they say they do, but a Power of Attorney can be revoked at any time by the Principal (the person that created it).
    Answer Applies to: California
    Replied: 10/5/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If the POA has a built in expiration date, it will expire on that date. Otherwise, it remains in effect until revoked. Of course, the POA is only effective during the lifetime of the principal. If the Principal dies the POA is no longer effective.
    Answer Applies to: Minnesota
    Replied: 10/4/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    On revocation of the power of attorney by principal (the person giving the power of attorney), or on the death of the principal.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    A power of attorney may provide its own expiration date. Otherwise, a power of attorney does not expire (except upon the death of the person who created the power of attorney).
    Answer Applies to: Maryland
    Replied: 10/4/2012
    Musick & Cord | Jessi E. Musick
    In general, the document should state an expiration date.
    Answer Applies to: Missouri
    Replied: 6/27/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    By law, no. However, the older a POA gets, the higher the "index of suspicion" for anyone asked to do transactions pursuant to it.
    Answer Applies to: Oregon
    Replied: 10/4/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It depends upon the type of power of attorney and the provisions in it. Also all powers of attorney end no later than the upon death of the maker. They may cease to be effective earlier as well.
    Answer Applies to: Nevada
    Replied: 10/4/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    In Florida, if a power of attorney is "durable" that means that it is viable, whether the principal (the person creating the POA) becomes incapacitated or not. Some powers of attorney, however, can be for a time certain and will state that in the document. If it is a durable power of attorney, then it only expires upon the death of the principal or if the principal revokes it. If the principal is married, and names the spouse as an agent, it will also be revoked upon the parties filing for divorce.
    Answer Applies to: Florida
    Replied: 10/4/2012
    Frederick & Frederick PLC | James P Frederick
    Most POA forms do not expire, except upon the death of the principal. There are some that expire, by their express terms. POA forms delegating parental authority for minor children are only valid for up to six months. Most POA forms continue in effect indefinitely. All POA forms expire upon the death of the principal.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    A Power of Attorney does not expire unless there is a death or the person revokes it.
    Answer Applies to: Alabama
    Replied: 10/4/2012
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    Typically the POA will expire upon death or a time specified in the POA itself.
    Answer Applies to: Florida
    Replied: 10/4/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    Yes. In Maryland, a power of attorney can expire at the principal's death, when a specific objective/goal has been accomplished for a limited/special power of attorney applying to a particular situation, at a different time based on when the document says it will expire, or whenever the principal revokes the power of attorney.
    Answer Applies to: Maryland
    Replied: 10/4/2012
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    A power of attorney can expire several ways. The first way is upon the death of the principal. The second way is if there is language in the power of attorney that it expires after a certain date or event. The third way is if the power of attorney is not a "durable" power of attorney; then the power of attorney expires or terminates upon the incapacity of the principal.
    Answer Applies to: Missouri
    Replied: 10/4/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes by its own terms or by the death of the person who gave the power or the person who received the power.
    Answer Applies to: California
    Replied: 10/4/2012
    The Children's Law Group | Tamara Chin
    It depends on the language of the document. If no expiration language then no.
    Answer Applies to: Washington
    Replied: 10/4/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes, the principle can cancel it, draft a new POA, or die.
    Answer Applies to: Washington
    Replied: 10/4/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    A power of attorney can expire because it was executed for only a specific period of time or for a specific event, because some condition in the document has been met or has not been met, or because the executor has died. Some terms in a power of attorney document may be superseded by court order, such as the appointment of a conservator.
    Answer Applies to: Nebraska
    Replied: 10/4/2012
    Walden & Pfannenstiel, LLC : Kansas City Bankrutpcy Attorneys
    Walden & Pfannenstiel, LLC : Kansas City Bankrutpcy Attorneys | Malissa L. Walden
    Powers of Attorney typically expire at the time of one's death, although there are a few post mortem powers that can be provided for in Kansas. One can revoke a Powers of Attorney at any time through written revocation served on the Agent.
    Answer Applies to: Kansas
    Replied: 10/4/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Once the person executes the power of attorney dies, the POA is no longer valid. If that person revokes the POA and records it, to is no longer valid.
    Answer Applies to: Florida
    Replied: 10/4/2012
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    Generally a Power of Attorney lapses when the person grants it passes away. It may also cease to be effective if the grantor becomes incapacitated unless it is a durable power of attorney. The document may also expire as stated within the document itself. A POA may also end upon the granting of a guardianship over the grantor of the power. A Court may also terminate the authority if it has been abused.
    Answer Applies to: Oklahoma
    Replied: 10/4/2012
    Grant Morris Dodds | Mark Dodds
    The Nevada statutory form for a power of attorney includes provisions for designating an expiration date of the power of attorney. If the expiration date is not stated, then the power of attorney only expires at death of the maker of the power.
    Answer Applies to: Nevada
    Replied: 10/4/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    A POA expires either by its terms (when it says it expires) or upon the death or disability of the grantor. If you have a durable POA it does not expire upon the disability (although the duties of the agent become more demanding). A POA can be revoked so the longer it has been in effect, the question of revocation becomes more of a concern.
    Answer Applies to: Oregon
    Replied: 10/4/2012
    Olson Law Firm | Edward M Olson
    Yes, absolutely. Every power of attorney is limited to the language in the document. So, it will expire or be limited by language contained in the power of attorney. Most powers of attorney will expire or be temporarily void when the "principal" is temporarily or permanently incapacitated. Durable Powers of Attorney survive temporary or permanent incapacity of the "principal". However, all powers of attorney automatically terminate upon the death of the principal. The principal (who is not incapacitated) always retains the right to terminate any power of attorney at any time.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Law Offices of R. Christine Brown | R. Christine Brown
    Most powers of attorney do not expire; however, you have to read your particular power of attorney to determine whether or not your power of attorney expires.
    Answer Applies to: California
    Replied: 10/4/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes. It can terminate when the person giving the power of attorney revokes it or when they die.
    Answer Applies to: California
    Replied: 10/4/2012
    Law Offices of Frances Headley | Frances Headley
    It depends on the nature of the power of attorney. If it is a durable power of attorney then it would not expire. Other types of powers of attorney may contain sunset dates and in all cases would become ineffective upon the mental incapacity of the principal.
    Answer Applies to: California
    Replied: 10/4/2012
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Yes. It expires when the principal expires (or earlier, if specified).
    Answer Applies to: Illinois
    Replied: 10/4/2012
    Victor Varga | Victor Varga
    Yes either as stated in the POA doc itself, or when the person dies. Other than that, the person who gave the POA can revoke it at any time by just providing written notice to the person they granted the power to. If the POA is silent as to termination date, it remains in effect until it is either revoked, or the person dies.
    Answer Applies to: Maryland
    Replied: 10/4/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes. It expires on incapacity or death of the person who signed the power of attorney.
    Answer Applies to: Nevada
    Replied: 10/4/2012
    Danville Law Group | Scott Jordan
    Yes, a power of attorney expires when the person giving the power dies. If the power of attorney is not durable, it will expire when the person giving the power becomes incapacitated.
    Answer Applies to: California
    Replied: 10/4/2012
    Doland & Fraade | Michael Doland
    Yes, on the death of the grantor of the power. Further, unless it is a "durable" power of attorney, on the incapacity of the grantor.
    Answer Applies to: California
    Replied: 10/4/2012
    Marc J. Soss, Esq.
    Marc J. Soss, Esq. | Marc J. Soss
    The document will clearly state whether it expires or can be used for limited purposes. It if does not specify either, then it does not expire (except upon death, revocation of initiation of guardianship proceedings).
    Answer Applies to: Florida
    Replied: 10/4/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, upon death. Or, by its own terms.
    Answer Applies to: Indiana
    Replied: 6/27/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    A power of attorney can have an expiration date built into the document. Most do not but as a Power of Attorney ages the use becomes more unreliable. Many banks and other financial institutions do not like to honor an aging document.All legal documents like Last Will and Testaments, Powers of Attorney for Finance as well as Living Will type documents should be reviewed every 2 to 3 years to make sure that the documents are what the maker desires them to do.
    Answer Applies to: Georgia
    Replied: 10/4/2012
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    A power of attorney expires automatically upon death or according to its written terms.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    TrustCounsel | Gregory Herman-Giddens
    Yes, on the date, if any, specified in the POA, or upon death of the principal (the person who signed it).
    Answer Applies to: North Carolina
    Replied: 10/4/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    Generally no. Unless it says so or it is for a specific thing that has expired. Also, if used to deal with the IRS, they may require it to be valid for only a certain period of time.
    Answer Applies to: Michigan
    Replied: 10/4/2012
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