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DEATH & ESTATE TRANSITION

What happens to POA authority when a parent dies?

A POA commonly terminates at death. The former agent does not automatically become the executor, administrator, or estate representative.

Review recommended

Your situation

You were acting under POA before death and need to know whether you can keep acting now.

What to check first

1

Check the governing law and the POA termination clause.

2

Identify the will and estate representative.

3

Preserve the records from your time as agent.

4

Tell institutions that the principal has died before attempting new transactions.

Common rule

In many jurisdictions, POA authority ends at death. The former agent does not automatically become the executor, administrator, personal representative, or other estate representative; post-death authority generally comes from estate law.

What not to assume

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Do not assume being POA makes you executor.

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Do not keep using the principal’s accounts or credentials after learning of death without estate authority.

!

Do not discard your fiduciary records.

What you can do now

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Stop new POA transactions unless a lawyer confirms a narrow exception.

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Preserve statements, receipts, and records.

✓

Identify who now has estate authority.

✓

Hand off records to the lawful representative.

When professional help becomes important

Get legal review if transactions occurred after death, estate authority is disputed, or an institution asks you to continue acting under the old POA.

Jurisdiction matters

WA, US

Washington RCW 11.125.100 states that a power of attorney terminates when the principal dies.

QC, CA

Au Québec, le mandat prend fin au décès de l’une ou l’autre des parties; l’ancien mandataire ne continue donc pas simplement à agir après le décès.

AB, CA

Alberta’s official guidance states that an Enduring Power of Attorney ends when the donor dies.

BC, CA

A British Columbia enduring Power of Attorney terminates when the adult who made it dies.

ON, CA

Ontario’s Substitute Decisions Act provides that a continuing Power of Attorney for Property terminates when the grantor dies.

PA, US

Pennsylvania has a good-faith/no-actual-knowledge rule for acts taken without knowledge of the principal’s death. This is a narrow protection, not permission to continue using a POA after known death.

NY, US

New York General Obligations Law § 5-1511 states that a POA terminates when the principal dies.

FL, US

Florida Statutes § 709.2109 provides that a POA terminates when the principal dies.

OH, US

Ohio POA terminates when the principal dies. A narrow good-faith protection exists for acts taken without actual knowledge of termination; it is not permission to keep acting after known death.

MI, US

Michigan’s statutory form instructs an agent to stop acting after learning of the principal’s death.

IL, US

Illinois agency generally continues only until the principal dies unless the agency states an earlier termination date.

MA, US

Massachusetts chapter 190B § 5-504 protects certain good-faith acts taken without actual knowledge of death; this does not create continuing authority after the agent knows the principal has died.

AZ, US

Arizona protects certain good-faith acts taken without actual knowledge of death. This is a narrow reliance rule and should not be presented as authority to continue acting after known death.

MD, US

Maryland Estates and Trusts § 17-112 states that a POA terminates when the principal dies.

VA, US

Virginia Code § 64.2-1608 provides that a POA terminates when the principal dies.

SC, US

South Carolina POA terminates when the principal dies, with narrow protection for good-faith acts taken without actual knowledge of termination.

MN, US

Minnesota’s statutory form instructs an attorney-in-fact to cease acting upon learning of the principal’s death or another termination event.

CO, US

Colorado POA terminates when the principal dies; a narrow good-faith protection exists for acts taken without actual knowledge of termination.

UT, US

Utah’s UPOAA termination provisions end POA authority when the principal dies, subject to narrow good-faith/no-actual-knowledge rules.

NV, US

Nevada POA terminates when the principal dies; a narrow good-faith protection exists for acts taken without actual knowledge of termination.

IA, US

Iowa POA terminates when the principal dies, with narrow good-faith/no-actual-knowledge protections for acts before knowledge of termination.

HI, US

Hawaii POA terminates when the principal dies.

DE, US

Delaware personal POA terminates when the principal dies.

CT, US

Connecticut POA terminates when the principal dies.

ND, US

North Dakota protects certain acts taken in good faith without actual knowledge of the principal’s death; this narrow reliance rule does not mean POA authority continues after the agent knows of the death.

NE, US

Nebraska POA terminates when the principal dies.

OR, US

Oregon agent authority terminates on the principal’s death, with narrow protection for good-faith acts taken without actual knowledge.

WY, US

Wyoming POA terminates when the principal dies under § 3-9-110.

ME, US

Maine POA terminates when the principal dies.

KY, US

Kentucky POA terminates when the principal dies.

NM, US

New Mexico POA authority terminates when the principal dies under § 45-5B-110; post-death authority belongs to the estate representative.

VT, US

Vermont POA authority generally ends when the principal dies.

WV, US

West Virginia POA authority terminates when the principal dies.

SD, US

South Dakota POA authority ends at the principal’s death; do not continue relying on the POA after known death.

MO, US

Missouri § 404.717 generally terminates authority at death but contains narrow enumerated post-death exceptions and a good-faith/no-actual-knowledge protection. Known death is not permission to continue ordinary POA activity.

KS, US

Kansas generally terminates POA authority at death under K.S.A. 58-657, but expressly preserves a narrow set of enumerated post-death powers for a reasonable time. Do not describe Kansas as an absolute no-exception rule.

AK, US

Alaska AS 13.26.620 terminates a POA when the principal dies. AS 13.26.625 protects certain actions taken without actual knowledge; it is not authority to continue after known death.

AL, US

Alabama POA authority terminates when the principal dies under § 26-1A-110, subject to narrow good-faith/no-actual-knowledge protections. Former POA status does not become estate authority.

LA, US

Louisiana Civil Code rules on termination of mandate and acts after death control; former mandate authority should not be treated as ordinary continuing authority after known death.

IN, US

Indiana post-death authority must be determined separately from the former POA; the former agent does not automatically become estate representative.

GA, US

Georgia ordinary POA authority ends at death; former-agent status does not itself create estate authority.

AR, US

Arkansas POA authority terminates at the principal’s death; estate authority must be separately established.

WI, US

Wisconsin financial/property POA authority terminates under chapter 244 when the principal dies; estate authority must then be separately established.

MT, US

Montana § 72-31-310 terminates POA authority when the principal dies.

NH, US

New Hampshire RSA 564-E:110 terminates POA authority when the principal dies.

TN, US

Tennessee § 34-6-105 provides that POA authority terminates at the principal’s death, with narrow good-faith protection for acts taken without actual knowledge. Former POA status does not become estate authority.

OK, US

Oklahoma 58 O.S. § 1075 provides that principal death revokes and terminates the POA, with narrow protection for good-faith acts taken without actual knowledge of the death.

MS, US

Mississippi Secretary of State guidance states that POA authority terminates at death; the former agent does not thereby become the estate representative.

ID, US

Idaho § 15-12-110 terminates POA authority when the principal dies, with narrow protection for good-faith acts taken without actual knowledge.

Official sources

Power of attorney termination—Agent authority terminationWashington State Legislature · RCW 11.125.100Personal RepresentativesU.S. Department of Health and Human Services · 45 CFR 164.502(g)Code civil du Québec — fin du mandatÉditeur officiel du Québec · art. 2175Rôle et responsabilités d’un mandataireGouvernement du QuébecSubstitute Decisions Act, 1992Government of OntarioPower of Attorney ActBritish Columbia LawsEnduring power of attorneyGovernment of AlbertaTermination or suspension of power of attorney or agent’s authorityFlorida Legislature · § 709.2109Termination or revocation of power of attorney; noticeNew York State Senate · § 5-1511Power of attorney not revoked until noticePennsylvania General Assembly · § 5605Illinois Power of Attorney Act — Duration of agencyIllinois General Assembly · § 2-5Michigan statutory form power of attorneyMichigan Legislature · § 301Termination of power of attorney or agent authorityOhio Laws · § 1337.30Termination of power of attorney or agent authorityVirginia General Assembly · § 64.2-1608Termination of power of attorneyMaryland General Assembly · § 17-112Revocation; termination; effect; noticeArizona Legislature · § 14-5504Power of attorney not revoked until noticeMassachusetts General Court · § 5-504Termination of power of attorney or agent authorityColorado General Assembly · § 15-14-710Statutory short form power of attorneyMinnesota Revisor of Statutes · § 523.23Termination of power of attorney or agent authoritySouth Carolina Legislature · § 62-8-110Termination of power of attorney or agent authorityUtah Legislature · § 75A-2-110Termination of power of attorney or authority of agentNevada Legislature · 162A.270Termination of power of attorney or agent authorityConnecticut General Assembly · § 1-350iTermination of personal power of attorney or agent authorityDelaware General Assembly · § 49A-110Termination of power of attorney or agent authorityHawaii State Legislature · § 551E-6Termination of power of attorney or agent authorityIowa Legislature · § 633B.110Revocation and termination of agent authorityOregon Legislature · 127.015Termination of power of attorney or agent authorityNebraska Legislature · § 30-4010Power of attorney not revoked until noticeNorth Dakota Legislative Branch · § 30.1-30-04Termination of power of attorney or agent authorityKentucky General Assembly · 457.100Termination of power of attorney or agent authorityMaine Legislature · § 5-910Uniform Power of Attorney ActWyoming Legislature · Chapter 3-9Uniform Power of Attorney ActSouth Dakota Legislature · Chapter 59-12Termination of power of attorney or agent authorityWest Virginia Legislature · § 39B-1-110Vermont Uniform Power of Attorney ActVermont General Assembly · Chapter 127Uniform Power of Attorney ActNew Mexico Compilation Commission · Article 5BTermination of power of attorney or agent authorityAlabama Legislature · § 26-1A-110Kansas Power of Attorney ActKansas Legislature · 58-650–58-665Termination of power of attorneyAlaska State Legislature · § 13.26.620Powers of attorney not revoked until notice of death or incapacityAlaska State Legislature · § 13.26.625Modification and termination of power of attorneyMissouri Revisor of Statutes · § 404.717Act 805 of 2011 — Uniform Power of Attorney ActArkansas General Assembly · A.C.A. § 28-68-101 et seq.Termination of power of attorney or agent authorityGeorgia General Assembly · § 10-6B-10Indiana Code — Powers of AttorneyIndiana General Assembly · Article 30-5Louisiana Civil Code — MandateLouisiana Legislature · Arts. 2985–3032Uniform Power of Attorney ActNew Hampshire General Court · Chapter 564-EUniform Power of Attorney ActMontana Legislature · 72-31-301 et seq.Termination of power of attorney or agent authorityWisconsin Legislature · § 244.10Termination of power of attorney or agent authorityIdaho Legislature · § 15-12-110Power of Attorney and Durable Power of Attorney definitionsMississippi Secretary of StateDeath, disability, or incapacity of principal — effect on power of attorneyOklahoma Senate · § 1075Effect of death, disability or incapacity of principalTennessee General Assembly · § 34-6-105