What happens to a Power of Attorney after the person who gave it dies?

UPDATED: Jun 23, 2014

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What happens to a Power of Attorney after the person who gave it dies?

Does it have the same power as if the person were still living. For example, a spouse signed over POA to a sibling before death. Does the sibling have the right to sell the home that the husband and deceased spouse lived in?

Asked on June 23, 2014 under Estate Planning, Utah


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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the issues here that have arisen.  A Power of Attorney dies with the person for whom it is enacted.  SO the Power of aTtorney that the spouse gave to her sibling has no power now and the sibling can not transfer property or write checks on accounts or anything that will impact the other spouse or any of the decedent's estate.  If they are trying to wield power get a lawyer.  Good luck.

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