Legal Question in Wills and Trusts in Virginia

durable power of attorney

is a durable power of attorney null and void whenever the person you represent has passed?

Asked on 9/11/06, 10:35 pm

2 Answers from Attorneys

James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law

Re: durable power of attorney

You should consult with a Virginia attorney to discuss the application of the law to the facts of your particular situation. The following is general legal information on durable powers of attorney.

A power of attorney is a written instrument in which one person, the principal, authorizes another person, the attorney-in-fact, to act on his or her behalf, in general or with respect to certain acts. A durable power of attorney is a power of attorney that becomes effective ("springing") or remains effective upon the incapacity or disability of the principal. No power of attorney is effective upon the death of the principal.

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Answered on 9/12/06, 7:48 am

Jonathon Moseley Moseley Legal Associates LLP

Re: durable power of attorney

This is a common error.

A durable power of attorney ENDS when the person dies.

A lot of people try to act like an executor because they have a power of attorney. That is bad.

When someone dies, it is very important to read the will, if any. Get appointed by the court as the official executor (personal representative). Take an inventory of everything owned by the deceased. And then follow the will.

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Answered on 9/12/06, 2:03 pm

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