Power of attorney
Authority to act for someone while they are alive — signing documents, managing money, making decisions. It ends the moment they die.
A power of attorney lets a named agent act on someone's behalf during life: a financial POA handles money and property, a medical or healthcare POA makes care decisions if the person cannot. A durable POA stays in effect even after the person becomes incapacitated, which is the whole point for end-of-life planning.
The crucial limit: a power of attorney dies with the person. The moment they die, the agent's authority ends and the executor named in the will (or appointed by the court) takes over.
A common and costly mistake is assuming a POA lets you handle a bank account or sign documents after death. It does not. After death you need the executor's authority — Letters Testamentary — not a power of attorney.
- Executor— The person legally responsible for settling a deceased person's estate — paying debts, filing taxes, distributing assets per the will. Named in the will, or appointed by the court if there is none.
- Last will and testament— The legal document that says who gets what and names an executor. It still goes through probate — it does not avoid it. Without one, state intestacy law decides.
- Letters testamentary— The court document that proves the executor has legal authority to act on behalf of the estate. Required to access the deceased's bank accounts, sell property, and most other estate business.
This definition is general consumer information, not legal, medical, or financial advice. Industry practices and regulations change occasionally; verify before relying on anything here for a specific decision.
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