Regardless of when the document comes into effect, all powers under a POA end with the death of the principal. A valid power of attorney expires once the principal dies. Therefore, the law does not allow the use of his authority as a power of attorney after his death. Once your loved one dies, the power of attorney document is essentially useless.
It is true that it is useless and does not give you or any other person authority to act on behalf of your deceased loved one. Your loved one can no longer own any property, so you can't handle any matters related to that property because he or she can no longer manage the property. A durable power of attorney in Florida remains effective even if the person who signed it becomes incapacitated. This is the “lasting aspect” of power of attorney.
However, if the person dies, the permanent power of attorney automatically ends up as a matter of law. It specifically states that a permanent power of attorney ends with the death of the person who signed it. In addition, termination applies even if the permanent power of attorney has language that it continues after death. My mother appointed me as her agent under a power of attorney several years ago.
Can I still use it to handle your financial affairs as your agent? A. Your mother's financial power of attorney expired on her death and is no longer valid. This fact often surprises some customers who believe that a power of attorney (“POA”) survives the director's death, especially if it is designated as a “durable POA”. That is simply not the case.
Rather, the word “durable” in this context only means that it survives the director's incapacity. We serve San Francisco's East Bay and surrounding cities. It should be noted that a general permanent power of attorney in California cannot be replaced by a living trust because a power of attorney expires immediately after the principal's death. In addition, a general permanent power of attorney does not give the agent authority to make health care decisions for the principal.
However, you will not yet be able to own the property or money over which the power of attorney put you in charge. A power of attorney is a legal form that allows the person who creates it (the “principal”) to appoint a trusted person (the “agent”) to act on their behalf. When you sign as a power of attorney, you are legally authorized to manage the principal's affairs, but only as long as he is alive. Health care decision authority in California is covered by an advance health care directive, another type of power of attorney.
In this case, it is recommended that you have an experienced estate planning attorney at your side. The agent of the general permanent power of attorney shall remain in the authority until the principal dies. The general permanent powers of attorney in California contain clauses for the reliability of documents, reliance on documents, disclosure of information and the appointment of an auxiliary agent. A durable power of attorney allows the agent to continue acting on behalf of the principal even if he becomes mentally unable to communicate, but it still does not extend beyond the time when the principal passes away.
Often, when a person has a permanent power of attorney authorizing them to act on behalf of a family member, they will be asked to sign documents showing that the relative is still alive.