What happens to my power of attorney authority once the principal has passed away? - Florida
The Short Answer
In Florida, a power of attorney (POA) ends when the principal dies—so the agent’s authority generally stops immediately at death. After death, financial and legal authority typically shifts to the court-appointed personal representative (executor) of the estate, not the former POA agent.
What Florida Law Says
Florida treats a power of attorney as authority to act only during the principal’s lifetime. Even if the POA is “durable” (meaning it can continue during the principal’s incapacity), durability does not extend the agent’s authority beyond the principal’s death. Once death occurs, the estate administration process (probate, if required) determines who can access accounts, sell property, pay debts, and distribute assets.
The Statute
The primary law governing this issue is Fla. Stat. § 709.2109.
This statute establishes that a power of attorney terminates when the principal dies and also addresses when actions may still bind the principal’s successors if an agent acted in good faith without knowledge of the termination.
Related reading: Can a Power of Attorney Manage Assets After Death in Florida? and What Are an Executor’s (Personal Representative’s) Responsibilities During Probate in Florida?.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Time-sensitive issues can come up quickly after death (for example, preserving assets, dealing with bills, and responding to institutions that freeze accounts once notified).
- Burden of Proof: If transactions occurred near the time of death, questions may arise about whether the agent had notice of the death and whether the transaction was authorized and in good faith under Florida law.
- Exceptions: Some third parties may be protected when they rely in good faith on a POA that appears valid and effective, and disputes can arise over whether notice was given and when authority actually ended.
Trying to handle this alone can lead to accusations of improper access to funds, disputes with family members, or problems that delay probate. A Florida probate attorney can quickly determine who has legal authority now (and what documentation is needed) and help prevent avoidable conflict.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.