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Durable Power Of Attorney For Finances

When Does A Durable Power Of Attorney End?

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A power of attorney (both durable and non-durable) ends if:

  • You die: Powers of Attorney automatically end when you die. This means that you cannot use a Power of Attorney to designate someone to handle things after your death. If you want your agent to also manage your affairs after your death, you should name that person as Personal Representative/Executor in your Will.
  • You revoke it: As long as you are mentally competent, you can revoke a durable power of attorney at any time. (See How Do I Revoke A Durable Power Of Attorney?.)
  • You get a divorce: In some states, if your agent is your spouse and you get divorced, his or her authority is automatically terminated. These states include Alabama, California, Colorado, Illinois, Indiana, Minnesota, Missouri, Texas, and Wisconsin.
  • A court invalidates your document: A court could declare your document invalid if it concludes that you were not mentally competent when you signed it or that you were under undue influence. See What Is The Best Way To Execute A Durable Power Of Attorney?
  • No Agent/Attorney-in-fact is available: If your agent/attorney-in-fact is not available, the power ends. To avoid this situation, name a substitute attorney-in-fact when you write the Power of Attorney. Be clear in the document whether you want the people to act jointly or whether one acts only in the event that the other is unable to act.

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