Legal Question in Wills and Trusts in Arizona
Power of Attorney
My Mom signed a Power of Attorney but has no will. Is the Power of Attorney still valid if she dies?
2 Answers from Attorneys
Re: Power of Attorney
No, the power of attorney ceases to operate upon the death of the individual. A power of attorney grants powers and authority to another individual during the life of the person granting the power.
Re: Power of Attorney
A power of attorney expires upon the death of the executing party. A Will does not take effect until the death of the executing party. A complete estate plan should include both. Other documents may be appropriate as well; your mother should consult with an attorney to discuss her needs.
We offer a free initial consultation, so please contact our office to schedule a time that your mother can meet with one of our attorneys to discuss the details.