When a person passes away, all powers of attorney (POA) become invalid. This means that the document is no longer valid and cannot be used to act on behalf of the deceased. A POA 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. The agent is legally authorized to manage the principal's affairs, but only as long as he or she is alive. In some cases, 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. 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. Health care decision authority in California is covered by an advance health care directive, another type of power of attorney. The agent of the general permanent power of attorney shall remain in authority until the principal dies. The general permanent powers of attorney in California contain clauses for reliability of documents, reliance on documents, disclosure of information and appointment of an auxiliary agent. 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. It should be noted that this type of document does not give you or any other person authority to act on behalf of your deceased loved one. When dealing with matters related to your deceased loved one's property, it is recommended that you have an experienced estate planning attorney at your side.
This will ensure that all legal matters are handled properly and according to the law.
