If you have a power of attorney over the person and their assets does it expire when that person dies? If there is a trust does the trust provisions then take over?
2007-09-25 09:46:54 · 7 answers · asked by quidproquo888 3 in Politics & Government ➔ Law & Ethics
This is located in Los Angeles, CA.
2007-09-25 09:51:46 · update #1
This is located in Los Angeles, CA.
2007-09-25 09:51:48 · update #2
A power of attorney only allows you to do what that person could otherwise do for him/herself.
Since dead folk can no longer do anything, the power of attorney expires along with 'em.
A trust may be either intervivos or testamentary and whether it is effective and on what terms depends on the language of the trust document itself. Take a copy to an attorney for more answers.
2007-09-25 09:54:54 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
Does Power Of Attorney Expire
2016-11-16 05:26:37 · answer #2 · answered by ? 4 · 0⤊ 0⤋
This Site Might Help You.
RE:
Does a general power of attorney expire when the person dies?
If you have a power of attorney over the person and their assets does it expire when that person dies? If there is a trust does the trust provisions then take over?
2015-08-07 02:43:46 · answer #3 · answered by Cathee 1 · 0⤊ 0⤋
The power of attorney expires when it was set to expire. It is always best to set an expiration date and then renew it. I have posted a link with more detailed info on powers of attorney and the roles they may and may not play.
http://www.wramc.army.mil/departments/Judge/legal/powers.htm
2007-09-25 09:58:38 · answer #4 · answered by Jenny 3 · 0⤊ 0⤋
It doen't matter where you live or the type of power of attorney you hold to my knowledge.
They all expire on the death of the donee, if not sooner, based on the type of POA it is. (limited, springing, enduring, etc.)
2007-09-25 09:52:45 · answer #5 · answered by elysialaw 6 · 0⤊ 0⤋
Yes -- the PoA only applies while the person is alive.
That is the general rule, though it is possible that some jurisdictions apply things differently.
2007-09-25 09:50:23 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋
I have been told it does. I have the P.O.A. for my grams health care and I have been told it does.
2007-09-25 09:49:14 · answer #7 · answered by Mel 2 · 0⤊ 0⤋