Does a financial power of attorney continue after death?

No. An agent's authority under a power of attorney ends when the principal dies. The executor, administrator, trustee, or named account beneficiary then acts under different authority.

General information

• An agent's authority ends at death; later actions require authority from a different source.
• Estate accounts may require court papers and an estate EIN.
• Trust property may continue under the successor trustee.

Service steps to consider

1. Notifying financial institutions of the death.
2. Locating the will and trust.
3. Possible resource or approach: the proper estate or trust authority for later transactions.

Quick check

• Do I trust this agent with money?
• Are the listed powers clear?
• Can the agent find the signed form?

How Complete Wills can help

Complete Wills includes a financial power of attorney in its will-based and trust-based packages. The questionnaire can prepare the document from the customer's selections. Customer support cannot decide which powers to grant, when authority begins, or who serves as agent. Customer support can explain website features and questionnaire fields, but it cannot choose documents, people, distributions, or legal terms, interpret a completed document, or explain how the law applies to a person's facts. Only a separately engaged licensed attorney may provide legal advice within the attorney's engagement.

Important limits

• Power-of-attorney law and form rules vary by state.
• A licensed attorney can provide advice about gifting powers, business authority, Medicaid planning, real-estate transfers, or concerns about abuse. This article gives general information only. A licensed attorney can explain how state law applies to a specific estate plan or document.