Call: 850-386-8000

Does a Durable Power of Attorney Terminate after Death?

What is a Durable Power of Attorney?

A durable power of Attorney allows an individual, known as the principal, to designate another person, the agent, to make legal decisions on their behalf. The agent’s power, clearly outlined in the power of attorney document, includes any legal action the principal could take within the bounds of the specified powers. A durable power of attorney is a critical component of a comprehensive estate plan.

Terminating a Power of Attorney: Key Factors to Know

  • (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

After the death of the Principal, the Estate enters a new form of management. What happens next depends on whether a revocable living trust, will is in place, or if someone dies without an estate plan (intestate). In the event of a will, the property must be probated, and the appointed personal representative, also known as the executor, steps in to take care of the deceased’s belongings and assets. It’s a pivotal point to remember, though, that not everything the principal owns comes under the watchful eye of the personal representative as certain assets, like those with named beneficiaries or those that pass on automatically at the time of death – think retirement accounts or certain bank accounts – aren’t part of the principal’s Estate and stay outside the realm of the personal representative’s duties.

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.

Ben C. Patton
Expert Tallahassee Estate Planning Lawyer

Get Help Now

Please fill out our contact form to kick off your estate planning journey. We will be in touch with you as soon as we can to schedule your free consultation. We want to hear your story and tell you about your options for protecting you, your family, your legacy, and your assets—starting today!

OFFICES

McRae & Metcalf, P.A.

2612 Centennial Place

Tallahassee, FL 32308

Phone:

850-386-8000

Fax: 850-386-8342