When a person has the power of attorney (POA), they have the legal authority to act on another’s behalf. Often, people grant power of attorney to someone else because they anticipate no longer being able to make important decisions. While the power of attorney can be quite broad, it does not last forever.probate lawyerThe power of attorney may end under numerous circumstances, including the person’s death. If you hold the power of attorney for an older or infirm relative, perhaps a parent, this power ends when your loved one passes away. At that point, you may no longer take any legal action on behalf of the deceased person or their estate. If you are unsure of the role you play in things from now on, such as how the deceased person’s estate is probated, you should speak to an attorney.
For a free, confidential legal evaluation, call our Nevada probate lawyers at Flake & Flake at (702) 829-5731.
How Does Power of Attorney End in Nevada?
A principal may grant power of attorney to an agent in anticipation of the principal having difficulty managing their affairs or making important legal decisions on their own. While this power is broad, it eventually ends.
Death of the Principal
If you hold power of attorney over someone, you are the agent, and they are the principal. You might have broad authority to make important legal and financial decisions for the principal. However, when the principal dies, the power of attorney immediately ends.
Incapacity of the Principal for Non-Durable POAs
POA may also end if the principal becomes incapacitated and can no longer revoke the POA on their own. However, a POA may end under such conditions only if it is non-durable. A durable POA may continue even if the principal becomes incapacitated.
Revocation by the Principal
An agent is granted POA at the behest of the principal, and the principal generally maintains the right to revoke the POA at any time. If the principal decides they no longer want to grant you the power of attorney, the POA ends.
Expiration Dates
POAs do not have to last forever. Principals can grant agents power of attorney for a limited time. For example, the POA documents may state that the POA terminates on a specific future date for reasons the principal decides.
Limited Purpose
Sometimes, a POA is granted for a very specific purpose. Once that purpose is fulfilled, the POA may automatically terminate. For example, a principal might give an agent POA solely to sell a business and tie up legal loose ends. Once the business is sold and all legal concerns are resolved, the POA may end.
Death or Incapacity of the Agent
The POA may end when the agent dies or becomes incapacitated, as that would leave them unable to make important decisions on the principal’s behalf.
Is the Agent with Power of Attorney Needed for Anything After the Principal Dies?
Generally, no. Once the power of attorney ends, the agent is no longer needed for any legal decision-making and has no power under the POA documents to do so.
However, the person selected to have power of attorney is likely to be the same person of the deceased principal’s would have named as executor or personal representative of their estate. For example, a person may hold the power of attorney for an elderly parent, and the parent may also name their child as the executor of their estate.
What Should an Agent with Power of Attorney Do After the Principal Dies
If the principal passes away, the agent with power of attorney must be careful about making any future legal decisions or legal issues that might have been pending upon the principal’s death.
Cease All Legal Actions
First, the agent must cease all legal action on behalf of the principal immediately after the principal’s death. Remember, POA terminates upon death, and you might no longer be able to continue handling legal actions for the deceased principal even if you were in the middle of them when they died.
Avoid Invoking the POA
Do not invoke any authority that stemmed from the POA. Remember, the POA terminates the moment the principal passes away. If you exercise any authority under the POA after the principal dies, it may create future legal problems, as your actions are technically unlawful.
Speak to the Deceased’s Attorneys
If you are unsure where you stand after the death of the principal, speak to an attorney as soon as possible, especially if you were in the middle of conducting legal action on behalf of the principal when they died. Our Nevada probate lawyers can help determine who is the personal representative and what role, if any, you might play in the principal’s estate moving forward.
Is an Agent with Power of Attorney Also the Executor of the Agent’s Estate?
Not necessarily. An agent with power of attorney has broad decision-making powers, but their authority immediately ends when the principal dies. While agents with power of attorney are often named as executors of deceased principals’ estates, such appointment is not automatic.
Can Someone with Power of Attorney Handle the Deceased Principal’s Legal Claims?
A person’s legal claims may survive their death, and someone may bring legal action on behalf of the deceased person’s estate. Whether an agent who formerly had power of attorney may take such action depends on the circumstances.
Agent Can No Long Act on Principal’s Legal Behalf
Once the principal dies, the agent no longer has power of attorney and can no longer act in the principal’s legal interests. Even if you are only trying to protect the deceased person’s estate or other legal interests, you might no longer have any authority to do so, and you must be careful about trying to help. Talk to the attorney handling the deceased person’s estate about any legal claims that need to be addressed.
Contact a Probate Attorney
Unless an agent is also named as the executor or is a beneficiary of the deceased principal’s estate, they will likely not have much to do with the probate process. Even so, if you are unsure where you stand after the death of the principal, talk to a probate lawyer.
Can an Agent with Power of Attorney Make the Will for the Principal Before Death?
No. While agents with POA have broad powers, they can almost never create or amend a will on behalf of the principal. Doing so would be a major conflict of interest and likely lead to financial abuse in many cases.
Contact Our Nevada Probate Attorneys for Legal Support
For a free, confidential legal evaluation, call our Henderson, NV estate lawyers at Flake & Flake at (702) 829-5731.
