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Is a power of attorney still valid if its maker dies?

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Question:

I was taking care of a now-deceased man via a general power of attorney. It has this clause: "This power of attorney is not affected by the subsequent disability of the principal." Most of my advisers say that it is still effective. I want to use it to sell his mobile home. The bank says no. What do you say?

Answer:

The bank is correct. The power of attorney is no longer valid.

The clause you mention refers to principals who are disabled, but still alive. In fact, it is that very clause that makes a power of attorney durable -- that is, effective even after the principal becomes incapacitated. However, all durable powers of attorney end when the principal dies.

The executor of the deceased person's will -- or the estate administrator, if he died without a will -- must handle the sale of his mobile home, if that is necessary.

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By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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