Asked in Power of Attorney
Power of Attorney
What if there is no power of attorney when someone dies?
567
Answer
Wiki User
05/13/2008
Generally, a Power of Attorney is extinguished when the person who granted it dies. If the deceased has any estate then a relative must petition the court to be appointed the Administrator of the Estate if there is no will or the executor if the decedent left a will.
Related Questions
Asked in Power of Attorney
Who normally has power of attorney when someone dies and leaves a will?
When someone dies and leaves a will, it does not always state
who has power of attorney. To gain power of attorney, one would
need to complete a form, naming the person they wish to pass power
of attorney to.
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Asked in Power of Attorney
Can someone with Power of Attorney access funds after someone dies?
No they will not be able to access funds. A power of attorney
expires on the death of the grantor.
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Asked in Power of Attorney
Does power of attorney end when someone dies?
A power of attorney represents a living person. It expires on
the death of the grantor.
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Asked in Power of Attorney
How do you obtain a Power of Attorney if someone dies and has no will?
The power of attorney represents a living person. You want to be
appointed as executor of the estate. Apply with the probate
court.
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Asked in Power of Attorney
What if there is no power of attorney when someone dies who to ask?
A power of attorney is only used to represent a living person.
After their death, the court can appoint an executor for the
estate.
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Asked in Power of Attorney
What happens to you when your power of attorney dies?
A "power of attorney" refers to a written instrument, executed
by one person (the principal) that allows another person (the
attorney in fact) to act on their behalf.
If the principal dies the power of attorney is extinguished.
If the attorney in fact dies the principal must execute a new
power of attorney that names a new attorney in fact.
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Asked in Power of Attorney
Does death void a power of attorney?
A power of attorney terminates when the principal dies.
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Asked in Power of Attorney
Whenp power of attorney death happensstop?
If your question is, is a power of attorney valid if the person
who has executed it dies, the answer is "yes". In some cases, it
may also be invalid if a later power of attorney is executed in
favor of someone else
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Asked in Power of Attorney
Is a power of attorney effective after the death of the principal?
A power of attorney terminates when the principal dies.
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Asked in Power of Attorney
Can someone become power of attorney with out power of attorney form?
No, a power of attorney form is the only way to distinguish if a
person has power of attorney rights over someone else.
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Asked in Power of Attorney
When is power of attorney not usable?
A power of attorney terminates when:
(1) the principal dies;
(2) the principal becomes incapacitated, if the power of
attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent's authority or the agent
dies, becomes incapacitated, or resigns, and the power of attorney
does not provide for another agent to act under the power of
attorney.
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Asked in Power of Attorney
What happens to a will if the power of attorney dies?
A power of attorney only represents a living person. The will is
handled by the executor.
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Asked in Power of Attorney
What happens if your power of attorney dies?
In the event the power of attorney dies, the POA form becomes
null and void and all the assets are now transferred to the
estate.
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Asked in Power of Attorney
What happens when a power of attorney dies?
An agent's authority terminates when the agent dies.
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Asked in Power of Attorney
When does power of attorney end in Florida?
A power of attorney terminates when:
(1) the principal dies;
(2) the principal becomes incapacitated, if the power of
attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent's authority or the agent
dies, becomes incapacitated, or resigns, and the power of attorney
does not provide for another agent to act under the power of
attorney.
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Asked in Power of Attorney
When does power of attorney end in the state of Florida?
A power of attorney terminates when:
(1) the principal dies;
(2) the principal becomes incapacitated, if the power of
attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent's authority or the agent
dies, becomes incapacitated, or resigns, and the power of attorney
does not provide for another agent to act under the power of
attorney.
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Asked in Power of Attorney
When does power of attorney end in Georgia?
A power of attorney terminates when:
(1) the principal dies;
(2) the principal becomes incapacitated, if the power of
attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent's authority or the agent
dies, becomes incapacitated, or resigns, and the power of attorney
does not provide for another agent to act under the power of
attorney.
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Asked in Power of Attorney
Does a durable power of attorney remain in effect when the person dies?
No, it expires on their death. Now someone should be appointed
as executor.
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Asked in Power of Attorney
What kind of attorney can handle a power of attorney?
Anyone can act as a power of attorney for someone else. You do
not have to be an attorney
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Asked in Court Procedure, Power of Attorney, Arbitration, Mediation, and Dispute Resolution
When principle dies who gets power of attorney?
A power of attorney grants the authority to act on the behalf of
a living person. Once the principal dies the power of attorney is
extinguished and some qualified person must petition the probate
court for appointment as the personal representative of the
estate.
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Asked in Power of Attorney
Does the durable power of attorney dies with the resident?
Yes.... Powers of Attorney Cease at Decease
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Asked in Power of Attorney
What happens if the grantor of a power of attorney dies?
The POA dies with her. It is of no effect any longer.
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Asked in Credit and Debit Cards, Estates
What happens if the attorney in fact under a power of attorney dies before the principal in Virginia?
If the attorney-in-fact dies the principal must execute a new
POA appointing a new attorney-in-fact.
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Asked in Law & Legal Issues
What happens when a power of attorney dies and the principal is incapacitated in the state of Virginia?
If the Attorney In Fact dies, then the Power of Attorney is
null. In most states this means that if the individual is
incapacitated the next of kin can have that person adjudicated
incompetant in Probate/Family court and can take over the affairs.
NB: a Power of Attorney is a document. An Attorney In Fact is the
person to whom a power of attorney is granted.
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Asked in Power of Attorney
Is a power of attorney good after the person dies?
A power of attorney is used to represent a living person. It
expires on the death of the grantor.
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