If a person has a POA but is replaced by a new POA who then dies, does the original POA one again take effect?

UPDATED: Jul 16, 2015

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If a person has a POA but is replaced by a new POA who then dies, does the original POA one again take effect?

I had power of attorney on my dad after he had a stroke. My brother came back into his life and wanted control so he took over and became his POA. My brother was murdered about 3 months ago. Do I need to get a new POA or does it default back to me since he is dead.

Asked on July 16, 2015 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  Once you are discharged as a POA you have no rights any longer to act on behalf of your Father.  you would have to ask your Father to execute a new POA document.  Good luck.

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