Why does power of attorney end when someone dies?
Power of attorney (POA) ends when someone dies because the legal authority granted by the principal (the person who created the POA) to the agent (the person acting on behalf of the principal) is only valid during the principal's lifetime. Here are the key reasons for this:
Nature of POA: A power of attorney is a legal document that allows an agent to act on behalf of the principal in specified matters, such as financial or medical decisions. This authority is based on the principal's consent and trust, and it is intended to assist the principal while they are alive.
Scope of Authority: The authority granted by a POA is tied to the principal's needs and circumstances while they are living. Once the principal dies, the need for the agent to act on their behalf ceases, as the principal can no longer benefit from those actions.
Legal Framework: Upon death, the principal's affairs are managed through a different legal process known as probate. The last will and testament (or, in the absence of a will, state intestacy laws) governs the distribution of the principal's estate. The executor or personal representative appointed through the will or by the court during probate takes over the responsibilities of managing the deceased's estate.
Role of Executor: After death, the executor named in the will (or an administrator appointed by the court if there is no will) has the legal authority to handle the deceased's affairs, such as paying debts, distributing assets, and managing estate matters. This role replaces the agent's authority under the POA.
Protection of Interests: Ending the POA at death protects the principal's estate and ensures that their final wishes, as outlined in their will, are followed. It also provides a clear legal transition to the probate process, where the court oversees the management and distribution of the estate to ensure fairness and legality.
Summary
The power of attorney is designed to be a tool for managing the principal's affairs while they are alive. After death, the legal mechanism for handling the principal's estate shifts to probate and the role of the executor, ensuring that the deceased's final wishes are carried out according to their will or state law.