A power of attorney lets someone act on your behalf — but it has limits, and it ends at death.
A power of attorney (POA) authorizes one person to act on behalf of another in financial, legal, or medical matters. The critical fact for heirs: a POA ends immediately upon the principal's death. After death, the executor has authority — not the POA agent.
General POA. Broad authority over financial affairs. Ends if the principal becomes incapacitated (unless "durable").
Durable POA. Remains in effect during incapacity. The most important type for planning.
Limited POA. Authority for specific transactions only.
Healthcare POA. Authorizes medical decisions when the principal cannot decide.
Once the principal dies, the POA agent has no legal authority. Actions taken under a POA after death are invalid and potentially illegal. Authority shifts to the executor.
POA abuse is one of the most common forms of elder financial exploitation. If you suspect a POA agent mismanaged finances before death, those transactions may be challenged during probate. An estate attorney can help evaluate the situation.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
No. A POA operates during the principal's lifetime; a will takes effect after death. They serve different purposes.
They can be the same person, but these are separate legal roles. The will determines who serves as executor.
The estate can pursue legal action to recover those funds. This is common in elder financial abuse cases.
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