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What Happens to the Power of Attorney When Someone Dies in Florida?

In Florida, like in all states, the power of attorney ends when the principal/grantor dies.  A durable power of attorney is a useful document that gives your agent the power to help manage someone's legal and financial affairs during their lifetimes. When the principal/grantor dies, the power of attorney ends.  This may mean that the decedent's estate/probate takes over or a number of other possibilities. 

The next question: who is in charge upon death? This may mean that the decedent's personal representative/executor would then take over. This may mean that the probate process would then take over. If the decedent had a revocable living trust, the successor trustee takes over and manages the decedent's affairs.  You may need legal help with this part of the process, or at least a consultation with a good probate attorney.

You can learn more about the probate process with our free handout: Navigating the Florida Probate Process

If you are concerned about the effects of probate upon your death, you may want to establish a revocable living trust for you and your family's benefit.

D. Rep DeLoach III
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Estate Planning and Board Certified Elder Law Attorney