Is there anyone we need to notify with regards to the power of attorney document after mother's death?

1 answer | Last updated: Sep 16, 2016
A fellow caregiver asked...

My brother and I had joint and several pow on my mother affairs. We sadly lost our mother this weekend and are going through the process of notifying banks, hmrc etc. Is there anyone we need to notify with regards to the power of attorney document itself?


Expert Answers

A power of attorney becomes legally ineffective after death of the principal, in this case your mother. Or course you could notify people or institutions that your mother had died if you thought that was appropriate. However, you can not legally take any action under the POAs after your mother's death.

If there are financial or other matters that must be legally handled following a death, those are normally done by the executor of the deceased person's will (or the successor trustee of her living trust, if she had one). If there was no will or living trust and the deceased left financial matters that need to be handled, you need to file what is called an "intestate"probate proceeding and have a court appoint a person with authority to act. ["Intestate" is legalese for dying without a will.]