Culpeper, VA asked in Family Law for Virginia

Q: Does a power of attorney remain in effect upon death in VA? There are 2 living sons, 1 residing in the same state.

My cousin held the p.o.a. for mother who suffered from alzheimer's. This made sense as my cousin is a RN and owns a nursing home where my mother resided. I live in MD, 3 hours away and my younger brother lives in VA.

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1 Lawyer Answer

A: No. A power of attorney terminates on the death of the principal pursuant to Va Code § 26-81(A)(1).

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