What is a Durable Power of Attorney?
Terminating a Power of Attorney: Key Factors to Know
Section 709.2109 of the Florida Statutes clearly outlines the termination of a power of attorney. A power of attorney terminates when:
- (a) The principal dies;
- (b) The principal becomes incapacitated, if the power of attorney is not durable;
- (c) The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent;
- (d) The principal revokes the power of attorney;
- (e) The power of attorney provides that it terminates;
- (f) The purpose of the power of attorney is accomplished; or
- (g) The agent’s authority terminates and the power of attorney does not provide for another agent to act under the power of attorney.
A power of attorney cannot extend beyond the principal’s death, making it impossible to draft a power of attorney for use after the principal’s passing. Financial institutions and legal entities will not recognize an agent’s authority once the principal dies.
Managing the Principal's Assets Post-Death
Compassionate Florida Estate Planning Services for Every Stage of Life and Income Level
Attorney Ben Patton at McRae & Metcalf has seen firsthand how critical proper estate planning is for establishing lasting security. This is why he dedicates personal attention to his clients to meet all their goals and provide peace of mind. If you’re ready to take the first step toward protecting your family and assets with an estate plan, please call our Tallahassee estate planning office today at 850-386-8000 or fill out our convenient contact form.