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explain a durable power of attorney Does it stop when the

Sent to Legal Experts December 30 2008 at 10:36 PM
   

explain a durable power of attorney Does it stop when the person dies

 

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Alexandria, Virginia

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December 30 2008 at 10:43 PM (7 minutes and 39 seconds later)
         
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Yes - the Power of Attorney (POA) looses its authority when the person dies.

The reason is that a Durable Power of Attorney serves the purpose of giving someone (the "agent") the power to act in substitution for the principal (the one who is giving the powers). But when the principal party passes away, they no longer can act on their own behalf and the agent can no longer act for them. The principal no longer owns anything, but the assets become the assets of the next owner. (That could a joint/survivor owner, or a named beneficiary, or the principal's estate.) It is the successor owner who now has power and control over the decedent's former assets.


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Thank you,

Dan

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