• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu
Signing power of attorney document, POA
Michael Lonich

Power of Attorney Duties after the Principal’s Death

June 14, 2022/in Estate Planning /by Michael Lonich

Power of attorney (POA) is a legal document that authorizes someone to act on behalf of another person. The person who designates power of attorney is the principal. The person acting on behalf of the principal is known as the agent. 

This can be helpful if you need to delegate authority temporarily to manage finances, make medical decisions, or handle other legal matters when you are unable to act on your own behalf, such as during medical emergencies or extended travel abroad.

However, after the principal dies, a question often arises: who will handle their estate and manage affairs? The answer is a person with power of attorney doesn’t necessarily continue to manage the principal’s affairs after death.

Types of POA

If you are in a situation where you are considering granting power of attorney, you may be wondering what arrangement is most suitable. There are several common types of Power of Attorney designation:

  • General POA
    General POA grants a designated agent the power to make decisions on behalf of the principal for a broad spectrum of matters, including banking transactions, sale or purchase of property, or contractual agreements. This should be used only in specific situations, as it grants extensive control to an agent to act on the principal’s behalf.
  • Durable POA
    Durable Power of Attorney grants power to an agent if the principal becomes mentally incapacitated. This differs from other POAs, as typically, they are structured to end if you are mentally incapacitated. It’s important to note this doesn’t replace a conservator arrangement, as DPOA must be granted while the principal still has full mental faculties and cannot be granted retroactively.
  • Limited or Special POA
    A limited POA allows a principal to grant power of attorney to an agent for use only in specific circumstances, such as cashing checks. Typically this type of POA is only granted for a set period or a particular task.
  • Medical Power of Attorney
    Medical POA allows a principal to designate a specific health care agent to make medical decisions if they are incapacitated. This can include making decisions on medical treatments, surgery, life support, organ donation, and medical records release. An agent with medical POA also ensures a Living Will directive or Do Not Resuscitate order is carried out according to the principal’s wishes.

What happens after the principal’s death?

The validity of an assigned power of attorney expires in the event of the principal’s death. This means a person with POA of any kind can no longer act on behalf of the principal. A power of attorney order also cannot substitute or replace a will.

Once the principal has died, only a designated estate executor can manage the principal’s estate. A person with POA might also be the executor of a will, but it isn’t automatically assigned. Once the principal dies, their last will and testament will guide how their affairs should be handled. If they do not have a will, it falls to the courts to distribute any assets.

LPEP Law is Here to Guide You

If you have questions regarding power of attorney arrangements, reach out to the experienced team at Lonich Patton Ehrlich Policastri to discuss. Our team of seasoned family law and estate planning attorneys have years of experience in San Jose and the Bay Area and are ready to guide you to find the right solution.

Call 408-553-0801 or fill out our contact form to schedule a complimentary 30-minute consultation today.

Michael Lonich

Avatar photo

Specializing in Divorce and Estate Planning, I am San Jose Attorney, Michael E. Lonich; and I have been battling for client’s rights for nearly 40 years. When focusing on divorce, child custody, and related matters, I know all too well the emotional and financial toll divorce has on clients. Integrity, common sense, and a passion for what I do which guarantee the best possible results for my clients. Resolution of family law issues requires an attorney able to navigate the myriad legal and emotional issues presented in cases. Financial issues, child custody, domestic violence, valuation of property, analysis of RSUs, hidden assets, spousal and child support, all may require trial, mediation, or a collaborative effort with the parties. Regardless, each client gets the individualized attention they require. Every family law case is unique, we partner with you to develop a comprehensive approach to get the best results.

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin
  • Share by Mail
https://www.lpeplaw.com/wp-content/uploads/2022/06/PowerOfAttorney.jpg 308 895 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2022-06-14 20:57:542023-03-20 21:19:55Power of Attorney Duties after the Principal’s Death
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

2 + 3 = ?

Link to: Contact Us

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2023 Copyright Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

What is the Most Common Child Custody Arrangement? Woman embracing children after joint child custody arrangement is finalized, child custody arrangement Hitting Gavel During Restraining Order Hearing What Happens in a Restraining Order Hearing?
Scroll to top

LPEP COVID-19 Office Protocol