what is the length of time a power of attorney stays in effect?

Question

power of attorney for ones parent stays in effect for what length of time?

Answer 1

Until someone else has it changed. This is done very easily.

Answer 2

This is a little different than the law-school grad posted and it is the experience I went through.

Time is always specified in a Power of Attorney.
The maximum length of time is "durable" and it lasts until death (not beyond death ) and this means that you may not sign anything as attorney-in-fact AFTER your parent has died. (Thus said the old attorney who wrote it.)

Here is the problem you will run into with a durable POA.:
Institutions, where you might be signing for your parents, have been changing their policies to require the Power of Attorney be recent, often within the last two years.


This next topic is very important: The Wills

Make certain both witness signatures were witnessed by a notary-public. This stops the time-consuming, expensive, and necessary search for the witnesses, who must verify their signatures as their own before anything can proceed.

You Want to Avoid Probate -
Probate is time consuming (maybe over a year) and costly - think of paying $150 an hour for work that could have been avoided.

Each parent will need a NON-INTERVENTION will - if their State allows for non-intervention wills. (Alternately: a Living Trust will avoid Probate Court.)

Find the requirements for your parents' State that must be fulfilled to avoid the estate being placed under the authority of the Probate Court. It might be as easy as placing a non-intervention clause into the Wills/documents.

The purpose of the non-intervention clause is to prohibit the State, or anyone else, from interfering with their Wills-to-be-done.This removes Probate from the / the Probate Court , leaving the Probate Court to oversee the publication of the death notices and set the length of time for any creditors to come forth and file claims, and be paid. The Probate Court will approve the final report of the executrix or executor, and then you may dispose of the estates. My Mom and Dad's Wills Went Quick and Easy Through the Probate Court because they could not be probated.

Answer 3

Depends where you are, if in England then read on:-

Powers of Attorney (PoA's) come in three kinds, straight General Powers of Attorney, Specific Powers of Attorney and Enduring Powers of Attorney. They are all are effective for the life of the donor with the exception of the Enduring POA which has clauses to allow certain actions after the death of the donor. This extra power is to allow access to such things as Deposited Articles in Banks, such as sealed parcels and deed boxes in the event that they may contain a Will. Once death occurs powers are transferred to the Executors of the Will or in the event of no Will being fount the Administrators. The General PoA is just that, it gives 'general' powers over the donor's affairs and is somewhat loose. Specific PoA's give power over certain specific things like the operation of a bank account or sale of a property. PoA's can be revoked by the donor at any time or by a Court in the event of the donor becoming incapable of understanding his or her affairs. In that case the Court of Protection may appoint a Trustee to look after the donor's affairs and is often the same person who was given Power of Attorney on the grounds that the donor would probably have chosen them himself, this indicated by the granting of PoA in the first place.

All this is covered in accordance with Section 10 of the Powers of Attorney Act 1971.

Answer 4

A Power of Attorney is a permanent document, however, there are some things to remember. The POA document must specify if it is for medical, financial, or both. It is always a good idea to name at least two people to act as your POA. That way, in the event that one of them becomes unable to act on your behalf, someone else is already named. A POA document can be changed at anytime if the person is able to sign, and agree to these changes. However, if there are two people named, one of those parties can not revoke the rights of the other unless the said person is in agreement.

Answer 5

1. A Power of Attorney may stay in effect for as long as it says it does--by it's own terms, it may expire after a set time or circumstance, or it may persist.

If nothing is specified, the power of attorney lasts until the Death of the maker of the power, or until s/he revokes it, by an instument of equal dignities to the original POA.

But the POA may also be specified as "Durable", meaning that it survives the death of the Maker,
until the next step, which is the appointment of an Estate Administrator in Probate Court.

Answer 6

It's generally dictated by you, however some statutory laws are 5, 7 or 10 years.

In the case of an old person who is disabled it can generally endure forever.

My grandmother had a stroke and my mother got power of attorney so she could deposite my granmothers retirement checks in the bank.

If my grandmother ever got all of her faculties back (which she didn't) she could conceivably revoke the power.

In the case of a minor it generally ends at age 18 or at court ordered emancipation.

Answer 7

Unless otherwise stipulated within the document, the POA is in effect until it is changed by the person it was enacted for or until the person dies.


Each state may have its own laws on this, so it is best to check with an attorney.

Answer 8

Power of Attorney stays in effect for whatever length of time is stated in the contract or for the duration of whatever circumstances activated the Power of attorney. If for example it is power of attorney to make medical decisions while the person is unconcious, or in a coma or other wise medically incapable of making decisions it will be in effect until said medical condition is remedied. If it is Power of attorney to handle finances it will either specify a length of time, such as 60 days or it will state a condition such as until the estate has been administered after my death.

Answer 9

It depends on how the POA is worded. Sometimes they are written for a specific time frame for a purpose (if someone needs to sign a contract or sell a piece of property, and knows that they won't be available). If it is for medical reasons, usually it would be until they are able to handle their own affairs again. If your parent is elderly, or suffers from a disease that renders them incapable of making decisions, then it could be indefinately. Check the POA, or have your attorney take a look at it.

Answer 10

Power of attorneys are very specific. They will last as long as the reason for it is in effect or the person passes away or changes it themselves.

Answer 11

A power of attorney will end upon death but if you need to make decisions after they die, it needs to be a Durable Power of Attorney.