Mark Casto | September 18, 2025 | Personal Injury Lawyer Near Columbus, Georgia
A power of attorney (POA) is a powerful legal document that is often included as part of an overall estate plan. The power of attorney can be used to allow another person to act on your behalf. There are many reasons why you might choose to put a POA in place. However, you might be wondering what happens to a power of attorney if the person who granted it dies.
A power of attorney immediately becomes invalid upon the death of the principal (the person who gave you the POA). Upon their death, you must turn to other estate documents to continue managing their affairs. Keep reading below to learn all the details about what happens to a POA upon the death of your loved one.
What Is a Power of Attorney?
A POA is a legal document that gives one person the legal authority to act on another person’s behalf. The person giving that authority is the principal, and the person receiving the authority is the attorney-in-fact. A POA may be granted for a specific purpose or give general authority for the attorney-in-fact to perform any legal act for the principal.
A standard POA becomes invalid if the principal is deemed incapacitated. However, a durable POA remains in effect even after the incapacitation of the principal. A POA can be very useful when caring for a family member because it allows you to perform activities such as:
- Managing finances or bank accounts
- Purchasing or selling property or other assets
- Handling day-to-day tasks and affairs
- Making healthcare decisions
Establishing a power of attorney in Georgia is not difficult. A lawyer can help you draft a power of attorney, and the document simply needs to be signed, witnessed, and notarized. If you attempt to perform a transaction for your loved one, you will need to have a copy of the POA with you.
What Happens to a Power of Attorney Upon Death?
A power of attorney is only valid during the principal’s lifetime. The POA becomes invalid immediately upon their death. So, if your loved one dies, you can no longer use the POA they gave you to handle their finances or other business. You must then use other estate documents or the probate process to handle their estate.
Remember that you should immediately stop using a POA if your loved one passes away. Continuing to use the POA after your loved one’s death could have some serious legal consequences. First, this activity may be illegal, and you could face criminal charges.
Next, you may face civil liability for any improperly managed assets after your loved one’s death. For instance, if you remove money from your loved one’s bank account, potential heirs or beneficiaries may be able to file a claim against you in court.
How Should I Handle My Loved One’s Affairs After Their Death?
Since a POA will no longer be valid, you must use other methods to handle your loved one’s affairs after their death. The most common document used for the probate process is a will. If your loved one had a will, it should name an executor. This is the person who will manage your loved one’s estate and distribute their assets according to the terms of the will.
If your loved one died because of someone else’s negligence, the executor may also be able to file a wrongful death claim on behalf of the estate. The executor has many legal rights and duties as the estate is administered. If you need help navigating this sometimes complex legal process, consult an experienced lawyer. A lawyer can help ensure that your actions follow the law so that you remain protected from legal action.
Contact Mark Casto Personal Injury Law Firm Today for a Free Consultation With a Columbus Wrongful Death Lawyer
If you’re not sure what steps to take after a family member passes away due to someone else’s negligence—and you’re feeling overwhelmed by legal paperwork or financial questions—we’re here to help. At Mark Casto Personal Injury Law Firm, we’ll take the time to listen, explain your options, and make sure everything is handled the right way.
Reach out today for a free, no-pressure consultation with a Columbus wrongful death attorney. You don’t have to figure this out alone.
Mark Casto Personal Injury Law Firm
233 12th St #808, Columbus, GA 31901
(706) 940-4030
