What if my Power of Attorney Dies?

So, you’ve gone through the legal work and you now have a power of attorney. That’s fantastic! But then something happens and suddenly your power of attorney agent has passed away. You may be wondering something along the lines of— “Well, what am I supposed to do now?” And if that’s the case, fear not! We hope that this article will provide you with the answers you need.

By now, you should know that a power of attorney has all the rights and authority (given by you) to handle things like your finances and such, in your stead while you are alive. If you die before your agent under power of attorney, then that person no longer has power of attorney. Power of Attorney ends with the principal’s death.

However, if the power of attorney agent dies before you, then the alternate named in your will takes over the position and authority. If you don’t have an alternate named, that’s where things can get a little tricky and confusing. It is strongly recommended, if the second scenario is the case, that you consult with a legal professional. They will be able to help you figure out the next steps you need to take to get everything back on track. Bottom line, it’s advisable that you assign an alternate just in case something happens to the person you originally list under Power of Attorney.