Legal Question in Wills and Trusts in Massachusetts
power of attny
how long does power of attorney last?
ex. person passes
5 Answers from Attorneys
Re: power of attny
until the person who gives the power of attorney dies.
Re: power of attny
A power of attorney is good until it is revoked in some way, or until the principal dies. A dead person cannot confer authority upon an agent.
Re: power of attny
The Agreement istelf controls, most stndard PoA say until revoked. But others limit the time frame or condition it on certain events.
Re: power of attny
A power of attorney ends at the principal's death. As for any other terminating causes, the document will control, including revocation, or the passage of a set amount of time. Any assets of the principal after death will be controlled by the executor or administrator of the principal's estate, if any. If the principal dies owning property in his or her sole name, an estate will have to be opened.
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Re: power of attorney
A durable power of attorney lasts until the power is revoked, or revoked by death (except that if the agent has not been informed or become aware of the principal's death, the agency may last slightly beyond death.)
There are other situations which are somewhat unique, but the above is the general rule.
Note that any power of attorney can, by its terms, be limited in time or in powers, or only become effective upon the occurrence of a specific condition (e.g. incapacity), or is limited to a particular transaction.
Also, some institutions are reluctant to accept "old" powers of attorney.