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Power of Attorney
Does a durable power of attorney expire upon the grantor's death?

Does a durable power of attorney expire upon the grantor's death?

Q: Can a power of attorney close a bank account after death?

No, a power of attorney cannot close a bank account after the principal's death. The authority granted by a power of attorney ends when the principal dies. After death, the estate must go through probate, and only the executor or administrator can manage the deceased's accounts.

Q: Can power of attorney be challenged after death?

Yes, the actions taken by an agent under a power of attorney can be challenged after the principal's death, particularly if there are concerns about the validity of the POA or if the agent acted improperly. However, once the principal has passed away, the power of attorney itself is no longer valid.

Q: Does power of attorney have to pay bills after death?

No, a power of attorney does not have to pay bills after the principal's death. The authority to manage the principal's financial affairs ends with death. Afterward, the responsibility for settling debts falls to the estate and the appointed executor or administrator.

Full question:

Does a durable power-of-attorney effective upon disability expire upon the death of the grantor? Do all power-of-attorney documents expire upon the death of the grantor?

Category: Power of Attorney
Date: 04/07/2025
State: Texas

Answer:

In Texas, a durable power of attorney is a written document that allows someone to act on behalf of another person (the principal). It must be signed by the principal and include specific language indicating that it remains effective despite the principal's disability or incapacity. However, the authority granted to the agent automatically ends when the principal dies. Thus, all power-of-attorney documents, including durable ones, expire upon the death of the grantor.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when POA ends?

When a power of attorney (POA) ends, the agent can no longer act on behalf of the principal. This can occur for several reasons, including the principal's death, revocation of the POA by the principal, or the expiration of the POA's specified time period. Additionally, if the principal becomes incapacitated and the POA is not durable, the agent's authority may also terminate.

What is more powerful, a will or power of attorney?

A will and a power of attorney serve different purposes. A power of attorney allows someone to make decisions on your behalf while you are alive, particularly if you become incapacitated. A will, on the other hand, takes effect after your death and dictates how your assets should be distributed. Therefore, they are not directly comparable in terms of power, as they operate at different times.