Power of attorney is invalid after death

29 Apr 2024 · 1 min

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In this brief legal explanation, Jerry Taylor clarifies that a power of attorney (POA) automatically terminates when the principal dies. Consequently, an agent—such as a son or daughter who has been managing the principal’s finances—loses the legal authority to access bank accounts, write checks, or handle any estate matters after the principal’s death. The POA does not grant any right to inherit or receive assets. To ensure someone can manage or inherit the estate after death, the principal must have a will or a trust that specifically appoints an executor or trustee. Any actions taken under a POA after death are legally invalid.

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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. A power of attorney is no longer valid after the death of the person who gave it. So 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. They will not be entitled to receive anything from you after your death just because they have your power of attorney. 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.