Do power of attorneys expire
A power of attorney is a legal authorization that can expire or terminate, but it does not always end because time has passed. In the United States, a POA usually remains effective until a stated expiration date or another terminating event. A durable POA generally continues after the principal becomes incapacitated, but it ends when the principal dies. A POA that is 10 years old is not automatically invalid. State law and the wording of the document control.
Power of Attorney Expiration at a Glance
| Situation | Does the power of attorney usually end? |
|---|---|
| The document contains an expiration date | Yes, on that date |
| The principal revokes it | Yes |
| The principal dies | Yes |
| The principal becomes incapacitated under a non-durable POA | Usually yes |
| The principal becomes incapacitated under a durable POA | Usually no |
| The stated transaction or purpose is completed | Often |
| The agent dies, resigns or becomes incapacitated | The agent's authority may end unless a successor is named |
| The POA is several years old | Not automatically |
When Does a Power of Attorney Terminate?
A power of attorney terminates when the principal revokes it, the principal dies, the document's end date or event occurs, or another rule in the document or state law applies.
Common termination events include:
- Revocation by the principal. The principal is the person who granted the authority.
- The principal's death. A POA gives the agent authority during the principal's lifetime. It generally does not authorize the agent to manage the estate after death.
- The expiration date or termination event in the document.
- Completion of the limited purpose. For example, a POA created only to sell a particular property may end once that transaction is complete.
- The agent's death, resignation or incapacity. This may end the agent's authority if the document does not name a successor.
- The principal's incapacity under a non-durable POA.
Many state laws follow rules based on the Uniform Power of Attorney Act, but state requirements differ.
Does a Durable Power of Attorney Expire When the Principal Becomes Incapacitated?
Usually, no. A durable power of attorney is intended to continue after the principal becomes unable to manage financial or other decisions. The term "durable" means that the principal's incapacity does not automatically end the agent's authority.
A durable POA can still end if the principal:
- Dies
- Revokes the POA
- Reaches a stated expiration date
- Triggers another termination condition in the document or under state law
Does a Regular Power of Attorney End if the Principal Becomes Incapacitated?
Often, yes. A regular or non-durable power of attorney typically ends when the principal becomes incapacitated. This is the main difference between a durable and non-durable POA.
The document may also cover only a specific transaction or period. For example, someone might give an agent authority to sign closing documents while they are abroad. That authority may end when the closing is complete or when the stated date arrives.
Does a Power of Attorney Expire After 10 Years?
No, not solely because it is 10 years old. A POA does not automatically become invalid because of its age. Michigan and Maine statutes, for example, provide that an agent's authority can remain exercisable despite the passage of time unless the document or another terminating event ends it.
An old POA can still cause practical problems. A bank, title company or another institution may ask for:
- A certified copy of the document
- Confirmation that the principal is still alive
- An agent affidavit or certification
- Proof that the POA has not been revoked
- A newer document because the institution's procedures or state law have changed
A financial institution may have its own process for reviewing a POA. A valid document that complies with applicable state law is generally intended to be accepted, but the institution may request supporting records.
How Do You Revoke a Power of Attorney?
If the principal still has legal capacity, revoking a POA generally involves signing a written revocation or a new POA that clearly revokes the earlier document.
The principal should also:
- Give a copy of the revocation to the former agent.
- Notify banks, investment firms, insurers, government agencies and other organizations that received the original POA.
- Update property or real estate records if the original POA was recorded.
- Destroy outdated copies where appropriate.
The principal should not rely only on verbal notice to the former agent. Written notice gives third parties a record that the authority has been revoked. New York materials, for example, recommend notifying former agents and third parties such as financial institutions after revocation.
What Happens When the Principal Dies?
A power of attorney generally ends when the principal dies. The agent should stop acting under it at that point.
Authority over the deceased person's property normally passes to the executor, personal representative or administrator of the estate, depending on state law and whether a valid will exists.
A POA does not replace a will, trust or probate appointment. An agent generally cannot use the POA to distribute the principal's property after death unless another legal authority applies.
What Should You Check on an Old Power of Attorney?
To assess an old POA, review:
- Whether it says durable
- Any expiration date
- Any event that ends the agent's authority
- Whether a successor agent is named
- Whether it covers financial matters, health care decisions or a specific transaction
- Which state's law governs the document
- Whether the principal signed a newer POA or revocation
The document's age alone does not answer whether it remains effective. If the principal is incapacitated, the POA concerns real estate, or a bank has rejected it, consult a lawyer in the state where the document will be used.