How long does a financial power of attorney last?

Written by Benjamin Kingsley

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The duration of a financial power of attorney (POA) can vary depending on several factors, including the type of POA and the specific provisions outlined in the document. Generally, there are two main types of financial powers of attorney: durable and non-durable.

A durable financial power of attorney remains in effect even if the principal (the person who created the POA) becomes incapacitated or unable to make decisions for themselves. This type of POA typically lasts until one of the following events occurs:

1. The principal revokes the POA while they are still mentally competent.

2. The principal passes away.

3. A court invalidates the POA.

4. The agent (the person appointed to act on behalf of the principal) becomes unable or unwilling to serve, and there is no alternate agent named in the document.

On the other hand, a non-durable financial power of attorney automatically terminates if the principal becomes incapacitated. This type of POA is generally used for specific transactions or limited time periods.

It is important to note that some financial powers of attorney may include specific expiration dates or conditions. For example, a POA might be created to handle financial matters while the principal is out of the country for a set period. In such cases, the POA would expire on the specified date or when the condition is met.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.