Under Pennsylvania law (20 Pa. C.S. § 5601), you can authorize another person to act on your behalf through a legal document known as a Power of Attorney (POA). A Durable Power of Attorney is a specific type that remains valid even if you become incapacitated. It typically grants authority over financial and legal decisions. But what happens when the principal passes away? The answer is definitive: a Durable Power of Attorney ends at death. Below, our Mechanicsburg power of attorney lawyer explains how this legal tool works and what happens when the principal dies.
Durable Power of Attorney: A Foundational Estate Planning Tool
A well-rounded estate plan includes preparation for potential incapacity. In Pennsylvania, a Durable Power of Attorney is a foundational tool for this purpose. It allows you (the principal) to designate a trusted agent to manage your financial and legal affairs if you become unable to make decisions for yourself. Unlike a general POA, a Durable POA remains in effect during periods of incapacity, making it invaluable for long-term planning. One of its greatest advantages is that it can help families avoid guardianship proceedings—which are often lengthy, expensive, and stressful.
A Durable Power of Attorney Ends Immediately at Death
Under Pennsylvania law, a Durable Power of Attorney is automatically terminated upon the death of the principal. No additional legal filing is required to revoke the authority. Once the principal has passed away, the agent no longer has any legal authority to act on their behalf—even in urgent financial or legal situations. Responsibility for the deceased’s estate transitions to the executor named in the will, or to a court-appointed administrator if there is no will.
A Durable POA Cannot Be Used in Place of Probate
It is a common misconception that an agent can use a POA to manage a person’s affairs after death. In fact, a Durable POA holds no power in the probate process. It does not grant authority to access bank accounts, transfer property, pay debts, or otherwise manage the estate of the deceased. In Pennsylvania, only the executor or estate administrator—appointed through the probate court—has the authority to take these actions. If the goal is to avoid probate entirely, other estate planning tools such as trusts or beneficiary designation may be more appropriate.
- Tip: The individual you name as your agent in a Durable POA can also be named as the executor of your will, but these roles are legally separate and take effect at different times.
Contact Our Pennsylvania Power of Attorney Lawyer Today
At Keystone Elder Law P.C., we provide experienced and compassionate guidance on all matters related to Power of Attorney and estate planning. Whether you are drafting a POA, serving as an agent, or navigating the transition after a loved one’s death, we’re here to support you. Contact us today for a fully confidential consultation. From our office in Mechanicsburg, we assist clients throughout the surrounding communities in Pennsylvania.