When Does Power of Attorney Cease in California?

Question from L, When Does Power of Attorney Cease in California?

Answer from AI:

In California, a Power of Attorney (POA) is a legal document that allows one person (the agent) to act on behalf of another person (the principal) in financial or medical matters. However, it’s important to understand that a POA has limitations, especially concerning the death of the principal.

Power of Attorney Ceases at Death

Power of Attorney ceases immediately upon the death of the principal. This means that the agent no longer has the legal authority to act on behalf of the deceased. The California Probate Code Section 4152 explicitly states that the authority granted under a POA ends when the principal dies.

Actions After Death

Once the principal has passed away, the following steps generally occur:

1. The POA is no longer valid.
2. The executor or administrator of the estate takes over the management of the deceased’s assets.
3. The estate goes through the probate process, if necessary.

Accessing Bank Accounts After Death

If an agent tries to draw money from the deceased’s bank account after the principal’s death, they are acting without legal authority. This can lead to serious legal consequences, including potential criminal charges for fraud or theft.

What Should Be Done Instead?

To properly manage the deceased’s financial matters, the following steps should be taken:

1. Notify the bank of the principal’s death.
2. Provide a copy of the death certificate to the bank.
3. Wait for the executor or administrator of the estate to be appointed by the probate court.
4. The executor or administrator will then have the legal authority to manage the deceased’s bank accounts and other assets.

Consulting a Legal Professional

Given the complexities involved in estate management and the cessation of a POA, it is highly recommended to consult with a legal professional. An attorney specializing in estate planning or probate law can provide personalized advice and ensure that all legal requirements are met.

Resources for Further Information

For more detailed information, you can refer to the following resources:

• California Probate Code Section 4152
• California Courts Self-Help: Estates

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney for specific legal guidance tailored to your situation.