Legal Question in Wills and Trusts in Canada

power of attorney

does a power of attorney stop when the party dies


Asked on 9/28/05, 1:08 pm

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: power of attorney

A power of attorney stops when the person who granted it loses the capacity to revoke it. This is so unless the power is authorised BY( and drafted consistently with) legislation which allows the powers to continue even if the grantor is incapable of revoking. All powers of attorney terminate at death. The attorney must then ACCOUNT for their actions to the personal representative(s) of the deceased grantor's estate and turn over all of the deceased's property to the executor(s) or the Administrator, if the deceased did not leave a valid will which appoints an executor.

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Answered on 9/28/05, 6:46 pm


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