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? 35 Answers as of February 04, 2013

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DOUGLAS A. TULL, P.C.
DOUGLAS A. TULL, P.C. | Douglas A. Tull
No. Depends on what the POA says - but normally, no, the POA expires with the agent just as it expires with the principal.
Answer Applies to: Michigan
Replied: 2/4/2013
The Wideman Law Center, P.C. | Susan Wideman Schaible
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.
Answer Applies to: Michigan
Replied: 1/28/2013
Edward L. Armstrong, P.C. | Edward L. Armstrong
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.
Answer Applies to: Missouri
Replied: 1/24/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
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.
Answer Applies to: California
Replied: 1/23/2013
The Law Firm of Kristina L. Combs, PLLC
The Law Firm of Kristina L. Combs, PLLC | Kristina L. Combs
The Power of Attorney is used by a person to give another authority to manage his or her affairs in that person's absence. The Power of Attorney becomes obsolete once the person giving the POA becomes deceased.
Answer Applies to: Texas
Replied: 1/23/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    Only the persons appointed in the DPOA document can serve as agents. If the Principal (person making the DPOA) only appointed one person, and there are no additional people listed as successors, then the person either needs to sign a new power of attorney, or if they are incapacitated, a guardianship would have to be initiated.
    Answer Applies to: Florida
    Replied: 1/23/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 1/23/2013
    Stephens Gourley & Bywater | David A. Stephens
    No, unless the POA grants that power.
    Answer Applies to: Nevada
    Replied: 1/23/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    Good question! Any power established under a power of attorney is terminated with death. There is no automatic transference of those powers to any other individual. If the decedent left a will, his executor will be empowered by the court according to the provisions of the will.
    Answer Applies to: Indiana
    Replied: 1/23/2013
    Danville Law Group | Scott Jordan
    No, the grantor retains the power of appointing a new POA. Sometimes, a successor POA is named in the original POA document. The executor of the prior POA may not be that person and has not authority to appoint a new POA for the grantor.
    Answer Applies to: California
    Replied: 1/23/2013
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    It would not go to to the executor. It is specific to the person named so he would need to get a new PoA.
    Answer Applies to: Alabama
    Replied: 1/23/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The power of attorney ends when either party dies. If the person who gives the authority dies then his Will becomes the authority and the Executor runs the show. If the Agent dies then the principal appoints another one.
    Answer Applies to: Georgia
    Replied: 1/23/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    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.
    Answer Applies to: California
    Replied: 1/23/2013
    Beckerle Law Firm | Robert A. Beckerle
    A power of attorney is effective only until the death of the person granting it. Likewise if the attorney-in-fact who has been granted the power under the document dies, his authority terminates with his death. Thus the power does not pass to the executor of the decedent's estate under any circumstance.
    Answer Applies to: Alabama
    Replied: 1/23/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    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.
    Answer Applies to: Delaware
    Replied: 1/23/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 1/23/2013
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 1/23/2013
    Shea, Aiello & Doxsie, PLLC | Rachel A. Doxsie
    Depends on what the POA says. Usually, a successor agent is listed. If not, a Probate Court hearing would need to be held for a conservator to be appointed.
    Answer Applies to: Michigan
    Replied: 1/23/2013
    The Taylor Law Office L.L.C.
    The Taylor Law Office L.L.C. | Ian A. Taylor
    Depends on your state, but generally a POA ends when the principal (person creating, giving or executing the power of attorney) dies. The estate of the deceased holds the interest of the deceased person. The proper Personal Representative is given the authority to act on the estate's assets. Therefore, a new power of attorney is not created, but instead an executor or Personal representative has to be appointed through the probate process.
    Answer Applies to: South Carolina
    Replied: 1/23/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    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.
    Answer Applies to: Idaho
    Replied: 1/23/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 1/23/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    No, the power of attorney is void upon death.
    Answer Applies to: Michigan
    Replied: 1/23/2013
    Gates' Law, PLLC | Thomas E. Gates
    No, the Power of Attorney dies with the death of the principle.
    Answer Applies to: Washington
    Replied: 1/23/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    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).
    Answer Applies to: Texas
    Replied: 1/23/2013
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    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.
    Answer Applies to: Michigan
    Replied: 1/23/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Unless the Power Of Attorney provides for a successor agent, the death terminates the Power Of Attorney and a new power and a new agent.
    Answer Applies to: California
    Replied: 1/23/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    A POA dies with the principal if the Attorney in Fact dies first, the Principal must appoint a new Attorney in Fact.
    Answer Applies to: Connecticut
    Replied: 1/23/2013
    Law Offices of Phillip Day
    Law Offices of Phillip Day | Phillip Day
    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.
    Answer Applies to: Florida
    Replied: 1/23/2013
    James Law Group
    James Law Group | Christine James
    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.
    Answer Applies to: California
    Replied: 1/23/2013
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    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.
    Answer Applies to: Oregon
    Replied: 1/23/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    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.
    Answer Applies to: Oregon
    Replied: 1/23/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    No. If the person that dies has a will, within the will he/she has more than likely designated who he/she wants as the personal representative of the estate. If not, either no will or no one is designated as the PR a person that has an interest in the estate, i.e., spouse, a child, sibling, parent, or other relative can open up the estate with consent from the heirs and/or beneficiaries of the estate.
    Answer Applies to: Florida
    Replied: 1/23/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    No, the a new POA is needed appointing a new person unless there is an contingent attorney in fact in the original.
    Answer Applies to: Michigan
    Replied: 1/23/2013
    Law Office of Matt Potempa, PLLC
    Law Office of Matt Potempa, PLLC | Matt Potempa
    No. A power of attorney ceases to be effective upon the death of the person who granted the power of attorney. IF the person who is/was acting as power of attorney for someone else dies, then he/she would be succeeded by whomever is listed as the alternative power of attorney.
    Answer Applies to: Tennessee
    Replied: 1/23/2013
    Doland & Fraade | Michael Doland
    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.
    Answer Applies to: California
    Replied: 1/23/2013
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