when someone dies what happens with the power of attorney
A power of attorney refers to a written instrument, executed by one person (the principal) that allows another person (the attorney in fact) to act on their behalf. If the principal dies the power of attorney is extinguished. If the attorney in fact dies the principal must execute a new power of attorney that names a new attorney in fact.
If this happens â and you have not executed a durable power of attorney â then the court may decide who will act on your behalf. Known as guardianship and conservatorship proceedings, these court actions can consume time and money and leave the decision of who will handle your affairs in the hands of a judge.