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DOES THE DURABLE POWER OF ATTORNEY BECOME VOID UPON SOMEONES DEATH?

Fayetteville, NC |

I HAVE THE DURABLE POWER OF ATTORNEY FOR MY MOTHERS ESTATE. SHE PASSED AWAY AND I WENT TO THE CLERK OF COURT AND WAS TOLD THE DURABLE POWER OF ATTORNEY IS VOID UPON HER DEATH. IS THIS TRUE?

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Attorney answers 5

Posted

Yes that is correct. You will need to open an estate file to deal with her assets. You or the appropriate person will need to be appointed the fiduciary.

The information is made available by Sabrina Winters, Attorney at Law, (publisher) for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. There is no attorney client relationship between you and Sabrina Winters, Attorney at Law. The information provided should not be used as a substitute for competent legal advice from a licensed professional attorney retained in your state.

Posted

This is True. The Power of Attorney ceases upon death. Now it's time to move to the next permission slip, the will. There are many different documents that serve as permission slips at different times. We have a Health Care Power of Attorney to make health care decisions while someone is living, a Durable Power of Attorney to make financial decisions while someone is living, a HIPAA form to speak to the doctor, pick up prescription and waive privacy on protected medical information, a Living Will, to make end of life, life support decisions, and a Will to handle the property in the estate after death according to the decedents wishes.

Posted

Upon the death of the person granting the Power of Attorney to another the 'Durable' part (which pertains to that person being incapacitated but not deceased) comes to an end. From that point forward, the Executor of the deceased's Estate or the Trustee of their Living Trust will be responsible. I'd recommend you discuss this with an Estate Planning attorney.

Posted

Yes...however to the extent that you are also authorized to act as health care agent, you are authorized to make decisions regarding funeral and disposition of the body.
Mike

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Posted

Yes-all POA's are void upon death.
It would be a criminal act to use one
for self benefit after death or even
while the person is living.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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