The Limitations of Power of Attorney After Death: Understanding the Role of a Personal Representative.

Estate planning is a crucial part of ensuring that your assets and interests are handled according to your wishes after your death. A common misconception in this process is the role of a Power of Attorney (POA). It is important to note that once a person has passed away, a POA becomes useless. Instead, a personal representative, such as an executor or administrator, is needed to manage the affairs of the deceased.

It is vital to have a clear understanding of the distinction between a POA and a personal representative, as the former only applies to the living. A POA allows someone to act on behalf of the person who granted it, but this authority ends upon death. Therefore, it is crucial to ensure that your estate plan includes the appointment of a personal representative and all necessary documentation to avoid confusion or costly delays. As such, it is recommended to have a thorough and up-to-date estate plan that considers all aspects, including POA and personal representatives.

Published on March 16, 2023, on his Twitter page, DRR (@DiggsWayne) emphasizes the importance of estate planning and the distinction between a Power of Attorney and a personal representative. He warns against the common misconception that a POA remains valid after one’s death and advises individuals to have a comprehensive estate plan in place. Proper estate planning can provide peace of mind that your interests and assets are administered according to your wishes in the event of your passing.

Source : @DiggsWayne

Another estate planning nugget: Power of Attorney is useless once a person has passed away. Being a “personal representative,” yes, valid for a deceased person. Having POA means nothing. It only rightfully applies to the living. Get that right and tight.

Another estate planning nugget: Power of Attorney is useless once a person has passed away. Being a “personal representative,” yes, valid for a deceased person. Having POA means nothing. It only rightfully applies to the living. Get that right and tight.

— DRR (@DiggsWayne) March 16, 2023