Your power of attorney dies with you

26 Sept 2023 · 1 min

Watch on YouTube

0:49

In this brief explanation, Jerry Taylor clarifies that a power of attorney (POA) automatically ends when the grantor dies. Consequently, any agent—such as a son or daughter—who was managing the grantor’s finances under a POA loses the legal authority to access bank accounts, write checks, or handle the estate after death. To ensure post‑mortem management, the grantor must have a will or a trust. A will triggers a court‑appointed executor, while a trust designates a successor trustee, both of whom can legally act on the deceased’s behalf.

Chapters

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 A power of attorney is no longer valid after the death of the person who gave it.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. With a will, a judge will have to appoint someone to act on your behalf as your executor. With a trust, you will appoint someone to act as your successor trustee.