Powers of Attorney Cease When You Become Deceased

Powers of attorney are an essential part of your estate plan while you are still alive. However, did you know that they are useless after you die? Any authority that is granted under these powers terminates immediately upon the death of the principal, which is the person who executes the power of attorney documents, most likely, you.

The only way that agents may act under powers of attorney after your death is by obtaining permission from another legally valid source such as if the agent is also named as your executor or as a trustee. It is only then that they would have the authority to continue to act on your behalf.

Should you be named as the agent under a principal's power of attorney it is important to know that you must cease using the authorities granted to you under those documents immediately at the principal's death. If you do not, you may be held liable and could be criminally charged by continuing to do so.

For more information in regards to the varieties of and authorities granted under powers of attorney in the state of California, consult with a professional Estate Planning Attorney.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.