Does a revocation of power of attorney carry over in death?

UPDATED: Sep 30, 2022

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Does a revocation of power of attorney carry over in death?

My mother-in-law passed away but before she died. She revoked her oldest sons POA

Will this still stand in her death? She assigned me as her P.R. and her oldest son

is quite angry and taking me to court to assume the possition.

Asked on March 22, 2016 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Whether revoked or not, a power of attorney has no power or authority after death: a power of attorney only grants the "attorney in fact" (the recipent of the power under the POA) authority while the principal (the person making the POA) is alive (and only while the POA is not revoked). After death, if there there is a personal representative designated by a will or by a court, that person has authority, not the attorney in fact.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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