Legal Question in Wills and Trusts in California

If a Power of Attorney document says "The effective date of this Power of Attorney is immediate.

This Power of Attorney shall be durable and this Power of Attorney and the authority of my Agent shall not terminate if I subsequently become disabled or incapacitated and specifically remain in force in the event of my death.", does an institution need to honor it?


Asked on 3/14/12, 12:33 pm

3 Answers from Attorneys

Scott Jordan Jordan Law Office

It is difficult to say whether the POA is enforceable given this information. What is the circumstance you find yourself where you need to enforce the POA? Is the Grantor alive? A POA is only valid so long as the Grantor is alive, so the language "in the event of my death" is unenforceable.

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Answered on 3/14/12, 12:56 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree that it is difficult to determine whether this Power of Attorney is enforceable with just the portion you have included here. If the Power of Attorney is properly drafted and executed, then most institutions will honor it. Sometimes, even with such a POA document, institutions may require a doctor's letter of incapacity or similar authorization. The POA should provide by it's terms what the signer intended the POA to cover. The POA must also be used for the benefit of the individual who executed it, as he/she entrust his/her agent/attorney-in-fact to act on his/her behalf.

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Answered on 3/15/12, 8:44 am
Anthony Roach Law Office of Anthony A. Roach

I'm surprised at my colleagues answers. Perhaps they slept through Wills and Trusts classes in law school.

A power of attorney is revoked automatically upon the death of the principal, regardless of what some rodeo clown wrote on the power of attorney. A power of attorney is for use by a living principal, and is not a substitute for a will or a trust.

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Answered on 3/15/12, 2:20 pm


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