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Yes, a power of attorney ends at the death of the principal or agent.
A power of attorney is a legal document executed by a principal authorizing an agent (also known as attorney-in-fact) to act on the principal’s behalf. Because the principal gives the agent authority to act in his behalf, it is a relationship based on trust and confidence and personal in character to both the principal and agent. Generally, this power granted by the principal to the agent is non-transferable, meaning, the agent cannot transfer such power to another person. As such, when the agent dies, the power, unless revoked by the principal, dies with the agent.
In the same way, the death of the principal terminates the power of attorney. The essence of a power of attorney lies in the agent acting on behalf of the principal. The agent can only perform acts that the principal can do himself. For this reason, when the principal dies, the principal cannot perform any more act, and thus, the agent cannot perform an act on behalf of a dead principal who cannot perform any act anymore.
In summary, a power of attorney is not valid after the death of the principal or agent. After the death of an agent, a principal can execute another power of attorney in favor of another third person should he desire. At the death of the principal, no agent can act in behalf of the principal anymore.
Executing a power of attorney requires careful thought and consideration regarding the powers granted to the agent and its consequences. Before executing one, it is important to seek the counsel of an attorney to know your options, rights and remedies. Should you need assistance, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
