When does a durable power of attorney end?

Answer 1

A durable power of attorney terminates when:

• The principal dies;
• A legal guardianship (or conservatorship) over the principal is allowed by the court;
• The principal or a judge revokes the power of attorney

Answer 2

A power of attorney loses its legal effects in a number of ways. First is when the person giving the power dies. After that, only the executor or administrator can handle the decedent's property. Second is when the power of attorney is revoked by the person who gave it. A power of attorney can be revoked by the giver at any time for any reason or even for no reason at all. Third, if the giver of the power of attorney is declared incompetent or incapacitated and a guardian is appointed to handle his affairs, the power of attorney is revoked and the guardian now has sole control. Fourth, is a way that no longer exists in virtually every state, but since it might in some states, it should be stated here. The former rule had been that a power of attorney was revoked if the giver of the power was incapable of understanding and handling his own affairs even though the person had not been declared incompetent by a court. The theory was that the power of attorney remained effective only so long as the giver understood that it was in effect and wanted it to stay in effect. Statutes have been passed to change this rule so that a power of attorney stays in effect even if the giver is incompetent unless a guardian is appointed. The power of attorney must specifically state that it is to remain in effect despite the incapacity of the giver. Without a clear statement to that effect, the older rule will govern the situation. This type of power of attorney is commonly referred to as a "Durable Power of Attorney" in most states. Some states may have different names but will mean the same thing. One more point on the fourth method is that there may be some states that have laws that make all powers of attorney into durable powers whether the document says it or not. In this type of case, the laws would probably permit the giver to state that the power is not to remain in effect in cases of incapacity. Obviously, one must look into the applicable state laws to get a definitive answer. The third way is a bit more difficult to state now that many states have passed laws that have changed the common law rules. Before such statutes were adopted by virtually every state, a power of attorney was considered revoked if the

Answer 3

Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Added: A Power of Attorney also expires immediately upon the death of the grantor.

Answer 4

All powers of attorney are automatically canceled upon death of the principal (grantor or maker).

Answer 5

1. Death.

2. A new power of attorney form is written.

3. A power of attorney revocation form has been authorized.

Answer 6

After the death of the grantor, the power of attorney is no longer valid. Or when the grantor says it is no longer valid.

Answer 7

Upon the death of the principal or when it has been revoked by a living principal.

Answer 8

Power of attorney ends upon death

Answer 9

When a new is made does it void the other

Answer 10

Don’t know