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A durable power of attorney represents a living person. The will takes effect on the death of the grantor.

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Q: Does a will exceed a durable power of attorney after death?
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What happens to the durable power of attorney when the person passes?

The power of attorney represents a living person. The durable power of attorney will end with the death of the grantor.


Does durable power of attorney always terminate with the death of the granter?

The power of attorney represents a living person. The power of attorney always ends with the death of the grantor.


Does a durable power of attorney in TN cease upon death?

Yes, it will end upon death. A power of attorney is only valid while the grantor is alive.


Can a durable power of attorney for minor child remain in effect after death of principal?

A power of attorney is no longer effective after the grantor dies.


What is the maximum length of time a durable power of attorney is valid?

A DPOA is valid until the death of the principal.


Can you still write checks on an account that includes your name after your mothers death with a durable power of attorney?

If you are one of the account holders, yes. You do not need a power of attorney to do so. Also a power of attorney expires on the death of the grantor.


What is a springing durable power of attorney?

A durable power of attorney that specifies an occurrence or a future date for the document to become effective.


Can the person who holds a Durable Power of Attorney cancel arrangements made with a cemetery?

Your power of attorney ceases upon the death of the person who awarded it to you. Therefore you would have no authority after the person's death, to choose their cemetery or anything else.


Can Durable Power of Attorney override a Will?

No, durable power of attorney, although meant for financial decision-making, is restricted against amending wills.


Who is a patients durable power of attorney?

A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.


Does a durable power of attorney cover medical and financial issues?

Durable power of attorney ONLY cover financial decision making. A medical power of attorney covers medical decision-making.


Will a durable power of attorney be accepted if not drafted by an attorney?

If the Durable POA is valid in the state where it will be used then it should be accepted.