Legal Question in Elder Law in Maryland

Is it true, a person that has poa, ceases once the person the poa is over, dies?

Asked on 7/12/10, 3:37 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

A power of attorney is void of effect when the person who granted the power has died.

In order to provide power over an estate, the person who dies needs to appoint a personal representative or an intestate estate can be opened where a last will and testament has not been made. An intestate estate applies where a last will and testament was not made by the decedent.

Transfers made in behalf of an estate after a person's death through a power of attorney can be set aside.

Contact me should you require assistance with probate whether or not the decedent had a last will and testament.

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Answered on 7/12/10, 8:36 pm
Richard Abraham Abraham & Bauer, LLC

Yes. The POA ceases operation once the Grantor dies. However, the agent(s) named in the document must have actual notice.

An example is as follows: Jim is Carl's Attorney in Fact under Carl's POA. Carl dies and Jim has no notice for 5 days. Jim continues to pay bills etc. during the 5 days Those payments should be allowed as Jim had no notice of Carl's death.

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Answered on 7/13/10, 9:15 am

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