Legal Question in Real Estate Law in Florida

Power of Attorney

Can I continue to take care of legal matters regarding a person who is now deceased, under a Durable Power of Attorney?


Asked on 1/17/07, 8:16 am

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Power of Attorney

Not legally. A power of attorney is a lifetime document. When either the maker or the recipient dies, it is no longer valid. At that point a will comes into play through the probate court.

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Answered on 1/17/07, 8:21 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Power of Attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. A Power of Attorny dies when the person who gave you the Power of Attorney passes away. If you continue to use it, it will be in violation of Florida law and you may be found to be in violation of criminal laws.

Once the person dies, an estate should be filed and a Personal Representative will be appointed who can then handle the affairs of the estate.

Scott R. Jay, Esq.

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Answered on 1/17/07, 1:49 pm


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