Power of Attorney LawsLegal Information

Does a Power of Attorney End at Death? Rules by State

Independently fact-checkedBy Recording Law Editorial Team21 min read

Independently fact-checked against primary sources (last audited November 10, 2026). · 30 primary sources cited on this page. How we verify our legal content

Does a Power of Attorney End at Death? Rules by State

Yes. A power of attorney ends when the principal dies: the Uniform Power of Attorney Act says a power of attorney "terminates when: (1) the principal dies" (Section 110(a)(1)), and every one of the 14 state laws we checked ends a financial POA at death too, including California (Probate Code 4152(a)(4)) and Texas (Estates Code 751.131(1)).

From that moment the former agent has no authority to pay bills, sign checks, sell property or move money under the POA. There is one important protection, though: an agent or a bank that acts in good faith without knowing about the death is generally covered, and that act binds the estate (UPOAA Section 110(d)). The uniform act asks whether the person had actual knowledge; Florida also counts notice, or reason to know from the circumstances, as knowledge (Fla. Stat. 709.2102(8)). The estate itself is handled by the personal representative, the executor named in a will or an administrator a court appoints.

Scope: This page covers what happens to a US power of attorney when the principal dies, under the Uniform Power of Attorney Act and the statutes of the 14 states named below. Other states have their own versions of these rules, and the words of your own document matter too. For the basics of how a POA works and every state's signing rules, see our power of attorney guide for all 50 states. This is legal information, not legal advice.

Does a Power of Attorney End at Death? The Rule (UPOAA Section 110)

Yes. Under the model Uniform Power of Attorney Act, "A power of attorney terminates when: (1) the principal dies" (Section 110(a)(1)). The act's official comment repeats it: "the principal's death terminates a power of attorney."

The states we checked say the same thing in their own words. California ends an agent's authority on the "Death of the principal" (Probate Code 4152(a)(4)). Texas says "A durable power of attorney terminates when: (1) the principal dies" (Estates Code 751.131(1)). Illinois says the agency "continues until the death of the principal" (755 ILCS 45/2-5).

The federal Consumer Financial Protection Bureau's guide for agents puts it in plain terms: "your authority ends when she dies. Promptly notify her bank or other businesses with which you interacted as her agent. Even if you can easily pay some of her outstanding bills, you will no longer have the authority to do so."

Does a durable power of attorney survive death?

No. "Durable" is about incapacity, not death. The model act says a POA "is durable unless it expressly provides that it is terminated by the incapacity of the principal" (Section 104), and nothing in that rule keeps it alive after death.

State statutes make the same point by ending durable POAs at death in so many words. Texas's termination rule is written for a durable power of attorney (751.131), and California's good-faith section covers a principal who executed a power of attorney "whether durable or nondurable" (Probate Code 4304(a)).

Can a power of attorney be used after death?

Not by someone who knows the principal has died. Once the agent learns of the death, the POA gives the agent no authority to act, so the agent should stop using it for any purpose. The section below explains the one situation where an act after death still stands: when the person acting did not know.

An hourglass on a desk beside a closed folder in soft window light

What If the Agent or the Bank Did Not Know? The Good-Faith Rule (UPOAA Section 110(d))

Death ends the POA, but news of a death travels slowly. The uniform act protects people who act before they hear of it: "Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest" (Section 110(d)).

The act's comment applies that rule to death directly. An agent who acts in good faith "without actual knowledge of the principal's death will bind the principal's successors in interest with that action." And "the same result is true if the agent knows of the principal's death, but the person who accepts the agent's apparent authority has no actual knowledge of the principal's death."

So a bank that did not know of the death may be protected even when the agent did know. That protection belongs to the person who lacked knowledge; it does not give an agent who knew of the death any authority to act.

Some states let the agent prove lack of knowledge with a sworn statement. In California, the agent's affidavit that at the time of acting the agent "did not have actual knowledge" of the principal's death is "conclusive proof" that the power had not ended at that time (Probate Code 4305(a)).

Pennsylvania also treats the agent's affidavit as conclusive proof (20 Pa.C.S. 5606). New Jersey has two rules: an affidavit that a third party requires under a durable POA is conclusive proof (N.J.S.A. 46:2B-8.6(b)), and otherwise the agent's affidavit makes the act "presumed valid, subject to challenge only by a clear showing of fraud or gross neglect" (46:2B-8.5(c)). In Arizona, the agent's affidavit creates only "a rebuttable presumption" (A.R.S. 14-5505(A)).

Power of Attorney After Death: State Rules Compared

The table shows, for the 14 states our research checked, where each statute ends the POA at death and how it protects good-faith acts done without knowledge of the death. Other states have their own rules; check your state page.

StateDeath ends the POAGood-faith rule for acts without knowledge of the death
ArizonaImplied by A.R.S. 14-5504(A), which addresses acts after the principal's deathDeath does not end the agency as to an agent or other person who, "without actual knowledge of the death," acts in good faith (14-5504(A))
CaliforniaProb. Code 4152(a)(4), "except as to specific authority permitted by statute to be exercised after the principal's death"An agent or third person acting in good faith "without actual knowledge of the principal's death" is covered, and the act binds the principal's successors (4304(a))
FloridaFla. Stat. 709.2109(1)(a), "The principal dies"Termination "is not effective as to an agent who, without knowledge of the termination or suspension, acts in good faith" (709.2109(4)); "knowledge" includes having received notice or having reason to know from the circumstances (709.2102(8))
GeorgiaO.C.G.A. 10-6B-10(a)(1), "The principal dies"Not effective as to the agent or another person who, "without actual knowledge of the termination, acts in good faith" (10-6B-10(d))
Illinois755 ILCS 45/2-5, the agency "continues until the death of the principal"The agent is not affected by termination "until the agent has actual knowledge thereof" (2-7(a)), and a person relying on the POA may presume the principal is alive absent actual knowledge (2-8(c))
MichiganMCL 556.210(1)(a), "The principal dies"Covers a person who, "without actual knowledge of the termination, acts in good faith under or in reliance upon the power" (556.210(4))
New JerseyImplied by N.J.S.A. 46:2B-8.5(a), which addresses acts after the principal's deathDeath does not end the agency as to a person who, without actual knowledge of the death, acts in good faith, and the act binds successors in interest (N.J.S.A. 46:2B-8.5(a))
New YorkGen. Oblig. Law 5-1511(1)(a)Termination "is not effective as to any third party who has not received actual notice of the termination and acts in good faith" (5-1511(5)(a))
North CarolinaN.C.G.S. 32C-1-110(a)(1), "The principal dies."Actual-knowledge good-faith rule; the act binds successors (32C-1-110(d))
OhioR.C. 1337.30(A)(1)Covers a person who, "without actual knowledge of the termination, acts in good faith" (1337.30(D))
PennsylvaniaImplied by 20 Pa.C.S. 5605(a), which protects acts after deathDeath "shall not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power" (5605(a))
TexasEst. Code 751.131(1), "the principal dies"Not effective as to the agent or another person who, "without actual knowledge of the termination, acts in good faith under or in reliance on the power of attorney" (751.134)
VirginiaVa. Code 64.2-1608(A)(1)Actual-knowledge good-faith rule; the act binds successors (64.2-1608(D))
WashingtonRCW 11.125.100(1)(a), "The principal dies;"Actual-knowledge good-faith rule; the act binds successors (11.125.100(5))

Three things stand out. Every state in the table protects good-faith acts done without knowledge of the death. The protected group differs: Florida's subsection names the agent, while New York's is written for third parties and uses "actual notice." The knowledge test differs too: Florida's "knowledge" includes having received notice or having reason to know from the circumstances (Fla. Stat. 709.2102(8)), and a third person with notice that the POA is terminated does not accept it in good faith (709.2119(1)(b)). And the Georgia and Ohio rows rest on statute text we have not matched against each state's current official code, so check the state page.

California: Probate Code 4152 and 4304

Readers often search the California sections by number, so here is what each one says.

Section 4152(a)(4) lists, among the events that end an attorney-in-fact's authority, "Death of the principal, except as to specific authority permitted by statute to be exercised after the principal's death." The exception covers only authority that a statute itself permits after death.

Section 4152(b) adds that an attorney-in-fact or third person "who does not have notice of an event that terminates the power of attorney" is protected from liability as provided in Chapter 5 of the Power of Attorney Law, which starts at Section 4300.

Section 4304(a) is that protection for death: "The death of a principal who has executed a power of attorney, whether durable or nondurable, does not revoke or terminate the agency as to the attorney-in-fact or a third person who, without actual knowledge of the principal's death, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal's successors in interest."

Section 4305(a) lets the attorney-in-fact sign an affidavit that, when acting, the attorney-in-fact did not have actual knowledge of the principal's death or incapacity. That affidavit "is conclusive proof of the nonrevocation or nontermination of the power at that time." Our California power of attorney guide covers the rest of the state's law.

Texas: Estates Code 751.131, 751.134 and the Repealed 751.054 and 751.055

Section 751.131 is the current termination rule: "A durable power of attorney terminates when: (1) the principal dies; (2) the principal revokes the power of attorney;" and on the other events it lists.

Sections 751.054 and 751.055 are repealed. Section 751.054 was the old good-faith rule for acts without knowledge of a termination, and 751.055 the old affidavit of lack of knowledge. Both were repealed by Acts 2017, 85th Legislature, Chapter 834 (House Bill 1974), Sections 15(3) and 15(4), effective September 1, 2017. Older guides and forms still cite them.

Section 751.134 replaced them: "Termination of an agent's authority or of a durable power of attorney is not effective as to the agent or another person who, without actual knowledge of the termination, acts in good faith under or in reliance on the power of attorney. An act performed as described by this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest." Our Texas power of attorney guide covers the rest of Chapter 751.

Health Care POAs and Funeral Decisions After Death

A health care power of attorney ends at death too, but a few states let the health care agent handle a short list of matters afterward. Pennsylvania says a health care agent's authority "may extend beyond the principal's death to make anatomical gifts, dispose of the remains and consent to autopsies" (20 Pa.C.S. 5456(a)). Illinois says a health care agency "may extend beyond the principal's death if necessary to permit anatomical gift, autopsy, disposition of remains, or access to medical records" (755 ILCS 45/4-3). Our medical power of attorney guide covers health care POAs in general.

Funeral and burial decisions are usually governed by a separate law on who controls the disposition of remains. In five of the six states below, that law does not list a financial POA agent by that title; Arizona lists the agent under a durable POA only if the POA specifically grants that authority:

  • California: the right to control disposition goes first to "an agent under a power of attorney for health care who has the right and duty of disposition," then to the competent surviving spouse, then to the surviving competent adult children, and on down a longer list (Health and Safety Code 7100(a)).
  • Texas: first "the person designated in a written instrument signed by the decedent," then the surviving spouse, an adult child, a parent, an adult sibling, and then "any one or more of the duly qualified executors or administrators of the decedent's estate" (Health and Safety Code 711.002(a)).
  • New York: first "the person designated in a written instrument executed pursuant to the provisions of this section," then the surviving spouse, and then the further people the statute lists (Public Health Law 4201(2)(a)).
  • Illinois: first the person designated in a written instrument under that act, then an executor acting under the decedent's written instructions in the will, then the spouse, then adult children (755 ILCS 65/5).
  • Washington: where the decedent made no prearrangement or gave no directions, the list runs from the person named on a service member's Department of Defense emergency-data form, to "the designated agent of the decedent as directed through a written document signed and dated by the decedent in the presence of a witness," to the surviving spouse or state registered domestic partner, and on to other relatives (RCW 68.50.160(3)).
  • Arizona: after the spouse, the duty can fall to a person named in a health care POA, or in a durable POA, but only "if that power of attorney specifically gives that person the authority" over disposition of remains (A.R.S. 36-831(A)(2)).

So in California, Texas, New York, Illinois and Washington, a financial agent who wants a say in funeral arrangements needs a separate written designation, a health care POA with that authority, or a place on the family list. In Arizona, a durable POA that specifically gives authority over disposition of the remains also works. Other states have their own disposition statutes.

What the Agent Should Do After the Principal Dies

The agent's job changes from acting to wrapping up. These are practical steps, not a statutory checklist:

  1. Stop using the POA. Do not pay bills, write checks, make transfers or sign documents as agent once you know of the death, even small ones. The CFPB's guide is direct that you "will no longer have the authority to do so."
  2. Tell the institutions. The CFPB guide tells agents to "Promptly notify her bank or other businesses with which you interacted as her agent."
  3. Keep your records. If asked, the agent must disclose records to "the personal representative or successor in interest of the principal's estate," and "within 30 days the agent shall comply with the request or provide a writing" explaining why more time is needed (UPOAA Section 114(h)). State versions of this rule vary.
  4. Hand off to the personal representative. The deceased person's property is handled through the estate by the personal representative (the executor named in a will, or an administrator the court appoints). Our probate guide explains how an estate is opened and administered, and our small estate affidavit guide covers the simpler route some estates can use.

A checkbook and printed bank statements lying on a wooden desk

Common Mistakes About a Power of Attorney After Death

"A durable POA keeps working after death." It does not. Durability is about incapacity (UPOAA Section 104); death still ends it.

"The agent can keep paying the bills until the estate is opened." The agent's authority ends at death, and the CFPB guide says so even for bills that are easy to pay.

"Anything the agent did after death is void." Not always. A good-faith act by an agent or another person who did not know of the death generally binds the estate (UPOAA Section 110(d) and the state rules above, which differ on what counts as knowing).

"Because nobody knew, it is fine." The good-faith rule protects only people who did not know, and in Florida having notice or reason to know counts as knowing (Fla. Stat. 709.2102(8)). Once the agent knows of the death, continuing to use the POA is acting without authority.

"The agent decides the funeral." Not because of a financial POA alone. Funeral decisions follow the state's disposition-of-remains statute, as the list above shows; in Arizona a durable POA counts only if it specifically grants that authority.

Getting Help

  • The probate court in the county where the person lived: its clerk or self-help center can explain how to open an estate and who can be appointed personal representative.
  • Legal aid: legal aid organizations help people with low incomes with estate and probate questions.
  • Your state bar's lawyer referral service: it can connect you with a lawyer who handles probate or estate administration.

By State

Our state guides cover each state's termination rules in detail:

For every other state, use the all-states table in the power of attorney guide linked above. If the principal is still living and you want to end a POA, see how to revoke a power of attorney.

Legal information, not legal advice. This page summarizes how a power of attorney ends at death under the Uniform Power of Attorney Act and the statutes of the 14 states named above, as our research read them in November 2026. Laws change and documents differ. Before acting on a POA after a death, or handling an estate, consider talking with a lawyer licensed in your state.

Frequently Asked Questions

Does a power of attorney end at death?

Yes. Under the Uniform Power of Attorney Act a power of attorney terminates when the principal dies, and the 14 state laws we checked also end a financial POA at death. After that, the estate is handled by the personal representative (executor or administrator), not the former agent.

Can a power of attorney be used after death?

Not by anyone who knows of the death. The agent's authority ends when the principal dies. The uniform act and most of the states we checked protect a good-faith act done by an agent or other person who did not actually know of the death. Florida's test is stricter: notice, or reason to know from the circumstances, counts as knowledge. That protection does not cover knowing use.

Does a durable power of attorney survive death?

No. A durable POA keeps working if the principal becomes incapacitated, but it still ends at death. Durability is about incapacity, not death.

What happens if the agent used the POA without knowing the principal had died?

Under the uniform act, termination is not effective as to an agent or other person who, without actual knowledge, acts in good faith, and the act binds the principal's successors. State versions vary on who is covered and what counts as knowing; Florida's subsection, for example, names the agent and treats notice or reason to know as knowledge, and New York's speaks of third parties without actual notice.

Can the agent pay the deceased person's bills or funeral costs?

Not under the POA. The CFPB's guide for agents says that even if you can easily pay some outstanding bills after the death, you no longer have the authority to do so. Debts and expenses are handled through the estate by the personal representative.

Who takes over after the principal dies?

The estate's personal representative: the executor named in the will, or an administrator a court appoints. Probate law governs that role, and some small estates can use a simpler procedure.

Can the agent under a power of attorney plan the funeral?

Not because of a financial POA alone. Funeral decisions follow a separate disposition-of-remains law. In Texas, New York and Illinois the list starts with a person the decedent designated in a written instrument, followed by family members and others. California lists a health care agent with that duty first, and Arizona lets a POA agent decide only if the POA specifically grants that authority.

Does a medical power of attorney end at death?

Generally yes, but some states let the health care agent act on a few matters afterward. Pennsylvania allows anatomical gifts, disposition of remains and consent to autopsy, and Illinois allows anatomical gift, autopsy, disposition of remains and access to medical records.

What replaced Texas Estates Code 751.054 and 751.055?

Both sections were repealed by House Bill 1974 (Acts 2017, Chapter 834), effective September 1, 2017. The current good-faith rule is section 751.134, and section 751.131 says a durable power of attorney terminates when the principal dies.

What does California Probate Code 4152 say about death?

Section 4152(a)(4) ends an attorney-in-fact's authority on the death of the principal, except as to specific authority a statute permits to be exercised after death. Section 4304(a) protects an attorney-in-fact or third person who acts in good faith without actual knowledge of the death.

Does the agent have to give the executor records after death?

Under the uniform act, if the personal representative or successor in interest of the estate asks, the agent must comply within 30 days or give a written explanation of why more time is needed. State versions vary.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Uniform Power of Attorney Act (Uniform Law Commission final act), Sections 104, 110 and 114(www.sos.ms.gov).gov
  2. Cal. Prob. Code 4152, Termination of attorney-in-fact's authority(leginfo.legislature.ca.gov).gov
  3. Tex. Est. Code ch. 751 (751.131, 751.134; repealed 751.054 and 751.055)(statutes.capitol.texas.gov).gov
  4. 755 ILCS 45/2-5, Duration of agency(www.ilga.gov).gov
  5. CFPB, Managing Someone Else's Money: Help for agents under a power of attorney(files.consumerfinance.gov).gov
  6. Cal. Prob. Code 4304, Death of principal; good-faith acts(leginfo.legislature.ca.gov).gov
  7. Cal. Prob. Code 4305, Affidavit of lack of knowledge(leginfo.legislature.ca.gov).gov
  8. N.J.S.A. 46:2B-8.5, Death or disability of principal; good-faith acts(lis.njleg.state.nj.us).gov
  9. 20 Pa.C.S. (5456, 5605, 5606)(www.legis.state.pa.us).gov
  10. A.R.S. 14-5505, Affidavit of lack of knowledge(www.azleg.gov).gov
  11. A.R.S. 14-5504, Death or incapacity of principal; good-faith acts(www.azleg.gov).gov
  12. Fla. Stat. 709.2109, Termination or suspension of power of attorney(www.leg.state.fl.us).gov
  13. 755 ILCS 45/2-7, Duty of agent; knowledge of termination(www.ilga.gov).gov
  14. 755 ILCS 45/2-8, Reliance on document purporting to establish an agency(www.ilga.gov).gov
  15. MCL 556.210, Termination of power of attorney or agent's authority(www.legislature.mi.gov).gov
  16. N.Y. Gen. Oblig. Law 5-1511, Termination or revocation of power of attorney(www.nysenate.gov).gov
  17. N.C.G.S. 32C-1-110, Termination of power of attorney or agent's authority(www.ncleg.gov).gov
  18. Ohio Rev. Code 1337.30, Termination of power of attorney or agent's authority(codes.ohio.gov).gov
  19. Va. Code 64.2-1608, Termination of power of attorney or agent's authority(law.lis.virginia.gov).gov
  20. RCW 11.125.100, Termination of power of attorney or agent's authority(app.leg.wa.gov).gov
  21. 755 ILCS 45/4-3, Health care agency after death(www.ilga.gov).gov
  22. Cal. Health and Safety Code 7100, Right to control disposition of remains(leginfo.legislature.ca.gov).gov
  23. Tex. Health and Safety Code 711.002, Disposition of remains(statutes.capitol.texas.gov).gov
  24. N.Y. Public Health Law 4201, Disposition of remains(legislation.nysenate.gov).gov
  25. 755 ILCS 65/5, Right to control disposition of remains(www.ilga.gov).gov
  26. RCW 68.50.160, Right to control disposition of remains(app.leg.wa.gov).gov
  27. A.R.S. 36-831, Duty to bury or provide disposition arrangements(www.azleg.gov).gov
  28. Fla. Stat. 709.2102, Definitions (knowledge)(www.leg.state.fl.us).gov
  29. Fla. Stat. 709.2119, Acceptance of and reliance upon power of attorney(www.leg.state.fl.us).gov
  30. N.J.S.A. 46:2B-8.6, Good faith reliance(lis.njleg.state.nj.us).gov
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