Can a Power of Attorney Expire?

Power of attorney (POA) is a document that allows someone else to make legally binding decisions for you. These decisions could be financial, medical, or legal decisions that impact you or loved ones.

When a Power of Attorney Begins

There are several different types of power of attorney. Springing power of attorney means there are conditions under which the power of attorney is put into action. They might be under certain medical conditions, or if you are no longer legally considered capable of making your own decisions. You could even stipulate that it goes into effect at a certain age; it’s up to you.

You can also make powers of attorney effective immediately upon signing.

Durable power of attorney (DPOA) means that the grant of authority is effective even if you become mentally unable to manage your financial affairs.

When a Power of Attorney Ends

A Washington power of attorney does not end merely because it is old. It can end at your death, upon revocation, as the document provides, or when its purpose is accomplished. It can also end if the agent can no longer act under the circumstances specified by Washington law and the document does not provide for another agent to act. A nondurable power of attorney also ends if you become incapacitated. The law separately identifies events that can end a particular agent’s authority. Source: RCW 11.125.100(1)-(4). An agent’s authority under a power of attorney ends at the principal’s death, whether or not there is a will. Without a valid will, Washington’s intestacy laws generally determine who inherits the probate estate. Source: RCW 11.04.015. If probate administration is needed, a court-appointed personal representative handles the probate estate; a person named as executor in a will must still be appointed by the court. Sources: RCW 11.28.010; RCW 11.28.120. Trust property is administered by the trustee under the trust’s terms and applicable law. Source: RCW 11.98.070.

Reviewing an Older Power of Attorney

You can also have these documents revoked at any time and draw up new ones if you so choose and are still legally considered of sound mind. This might include changing the terms to address a new health issue or changing who can act as your POA. A properly executed older power of attorney may remain effective, but its terms, the authority granted and applicable law determine what the agent may do. Review the document after major changes in your circumstances rather than assuming that it covers every legal matter. Sources: RCW 11.125.100(4); RCW 11.125.140(1)(c).

Over the past 34 years, the Law Offices of Christopher A. Benson has helped clients with estate planning. Contact our Federal Way office for a free initial consultation to discuss your goals and planning options.