Legal Question in Wills and Trusts in North Carolina
Does the power of attorney cease to exist once the person dies?
Asked on 6/08/11, 12:44 pm
1 Answer from Attorneys
Yes. The only limited exception is that if the POA did not know about the death and was working on something, the agent can complete the deal or transaction. He or she should provide a full accounting to the personal representative.
If the agent under the POA and the perrsonal representative is the same person, the POA definitely ends and the person then applies to the court to be appointed as the personal representative if there is a will.
Answered on 6/08/11, 1:42 pm