Legally, Power of Attorney dies when the person who executed it dies.

If you think about it, a Power of Attorney is saying, I am empowering you to do anything that I can legally do. Once a person is deceased, he or she cannot legally do anything, therefore that authority ends when the person on passes on.

That’s when all of the other estate processes take over.

For example…

My father made me power of attorney and I went down to the bank to take money out of his account. But once my father died, they won’t take the Power of Attorney, even though they took it for the past three years. Why can’t I just use the Power of Attorney?

Once someone passes on, that’s when Estate Administration has to begin. Legally, the deceased can’t do anything to empower you on their behalf, since they themselves can no longer make those transactions.

If you would like more information on the probate process, please visit our website: where North Carolina residents may receive a free copy of my book, Six Steps To Take When Someone Passes On. You may also contact our office at (919) 844-7993.