Charleston · Other

What happens to a power of attorney if the owner dies or loses capacity?

A power of attorney automatically ends the moment the person who granted it dies, since that authority only exists to act on behalf of a living person. If the owner loses mental capacity instead, a standard power of attorney may end too unless it was specifically drafted as durable, which allows it to continue. Brian Beatty can point a family toward an estate attorney to sort out authority to sell once either situation comes up.

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