Jonesboro, AR asked in Family Law, Elder Law and Probate for Arkansas

Q: Does a financial POA cease after death? If Will created 12 yrs prior to POA anything in POA supercede it

Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk giving child full authority. POA had been effect since 2012 and only child did not spend money or transfer any money to herself.

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1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.

As a general rule, however, POAs expire at the death of the principal, and nothing in a POA can change the language of the will.

Anthony M. Avery agrees with this answer

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