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Is a Power of Attorney Still Valid After the Principal Passes Away?

  • May 19th, 2015
My father-in-law passed away unexpectedly, and my mother-in-law has dementia and is in a nursing home. My husband has a durable power of attorney for his father. Does my father-in-law's power of attorney allow my husband to access his mother and father's joint checking account so we can pay the nursing home bill? 

As soon as your father-in-law passed away, the power of attorney was no longer valid. If your husband doesn’t have a power of attorney for his mother, you may need to pursue a guardianship in order to get access to her account. For information on guardianships, click here. We strongly recommend you consult with an elder law attorney to find out your options. Here is a directory of attorneys:

For more information about powers of attorney, click here

Local Elder Law Attorneys in Ashburn, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

John Laster

Law Offices of John L. Laster
Falls Church, VA

Ron Landsman

Landsman Law Group
Rockville, MD

Last Modified: 05/19/2015

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