What power does the attorney-in-fact have under a Power of Attorney once the principal has died?

Answer 1

A Power of Attorney is only effective while the principal is living. Once the principal (the person who appointed an attorney-in-fact under a POA) dies the POA expires immediately and a new fiduciary must be appointed by the court to settle the estate. The court must appoint an Executor if the decedent left a will or an Administrator if the decedent died intestate (without a will).

Answer 2

No. Not unless the principal granted some special power in the POA document such as the authority to make funeral arrangements. Generally, a POA is extinguished upon the death of the principal.

No. Not unless the principal granted some special power in the POA document such as the authority to make funeral arrangements. Generally, a POA is extinguished upon the death of the principal.

No. Not unless the principal granted some special power in the POA document such as the authority to make funeral arrangements. Generally, a POA is extinguished upon the death of the principal.

No. Not unless the principal granted some special power in the POA document such as the authority to make funeral arrangements. Generally, a POA is extinguished upon the death of the principal.

Answer 3

An attorney-in-fact cannot act on behalf of the principal if the principal has died. When an AIF executes a legal document they sign the principal's name and that signature is treated as though it was signed by the principal. The AIF is standing in for the principal. A person cannot sign documents after they have died. The authority of the AIF expires when the principal dies.

There may be cases where a principal has signed a document such as a deed without knowing the principal has just died. Such a document may be considered to be valid in some jurisdictions. There are also some jurisdictions that allow a principal to grant some power to the AIF immediately following their death such as the power to make funeral arrangements. You need to check your state laws for provisions that cover whatever your situation involves or consult with an attorney in your area.

In order to act on behalf of the estate you must petition the probate court to be appointed the estate representative.

Answer 4

No. Not unless the principal granted some special power in the POA document such as the authority to make funeral arrangements. Generally, a POA is extinguished upon the death of the principal.

Answer 5

None, power of attorney forms are void upon the death of the principal.