Power of Attorney dies with you

9 Sept 2025 · 1 min

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In this brief instructional video, Jerry Taylor explains that a power of attorney (POA) automatically terminates when the principal dies. Consequently, any agent who was managing the principal’s finances cannot access bank accounts, write checks, or handle the estate after death. To ensure post‑mortem financial management, the principal must have a will or a trust. A will requires a court‑appointed executor to administer the estate, while a trust designates a successor trustee to take over authority. The video emphasizes the legal necessity of these estate‑planning tools to provide continuity after death.

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If you've given a power of attorney to someone during your lifetime, when you die, so does that power of attorney. Now, your son or daughter who's been handling your finances for you will not be able to access your bank account after you die. They will not be able to write checks on your behalf. They will not be able to handle your estate. You have to have a will or a trust giving someone the authority to handle your estate after your death. Anything that anyone was doing on your behalf with a power of attorney, they will not legally be able to do it after you're gone. With a will, a judge will have to appoint someone to act on behalf as your executor. With a trust, you will appoint someone to act as your successor trustee.