What is the length of time a power of attorney stays in effect?

sureno

Until someone else has it changed. This is done very easily.

Ricardo C

Normally, it last for about 6 months to a year. Depending on the type of transaction it covers

Denise B

until death

BmoreBabe

Most power of attorneys are for a set amount of time , i.e.1 week, 10 moths, 2yrs, 5yrs, or you can do an indefinite if you think the individual time needed can not de clarified. It depends how long to need some one to act on your behalf and in your absence. You cancel a power of attorney. Talk to someone in legal aid, there are free. God luck and God Bless

until another legal document is written to change it, or the person who has the power of attorney has passed away, or any clause in the legal documents that may change that power have been enacted.

Earl D

It's generally dictated by you, however some statutory laws are 5, 7 or 10 years.

In the case of an old person who is disabled it can generally endure forever.

My grandmother had a stroke and my mother got power of attorney so she could deposite my granmothers retirement checks in the bank.

If my grandmother ever got all of her faculties back (which she didn't) she could conceivably revoke the power.

In the case of a minor it generally ends at age 18 or at court ordered emancipation.

littleangelfire81

Generally, the length of time is what's written on the contract or it's indefinite until it is changed, but laws differ in different states.

quatt47

Depends where you are, if in England then read on:-

Powers of Attorney (PoA's) come in three kinds, straight General Powers of Attorney, Specific Powers of Attorney and Enduring Powers of Attorney. They are all are effective for the life of the donor with the exception of the Enduring POA which has clauses to allow certain actions after the death of the donor. This extra power is to allow access to such things as Deposited Articles in Banks, such as sealed parcels and deed boxes in the event that they may contain a Will. Once death occurs powers are transferred to the Executors of the Will or in the event of no Will being fount the Administrators. The General PoA is just that, it gives 'general' powers over the donor's affairs and is somewhat loose. Specific PoA's give power over certain specific things like the operation of a bank account or sale of a property. PoA's can be revoked by the donor at any time or by a Court in the event of the donor becoming incapable of understanding his or her affairs. In that case the Court of Protection may appoint a Trustee to look after the donor's affairs and is often the same person who was given Power of Attorney on the grounds that the donor would probably have chosen them himself, this indicated by the granting of PoA in the first place.

All this is covered in accordance with Section 10 of the Powers of Attorney Act 1971.

Brutally Honest

Unless otherwise stipulated within the document, the POA is in effect until it is changed by the person it was enacted for or until the person dies.

Each state may have its own laws on this, so it is best to check with an attorney.

idamahn

Until it is rescinded.

TFTP

emerald_trout

This is a little different than the law-school grad posted and it is the experience I went through.

Time is always specified in a Power of Attorney.
The maximum length of time is "durable" and it lasts until death (not beyond death ) and this means that you may not sign anything as attorney-in-fact AFTER your parent has died. (Thus said the old attorney who wrote it.)

Here is the problem you will run into with a durable POA.:
Institutions, where you might be signing for your parents, have been changing their policies to require the Power of Attorney be recent, often within the last two years.

This next topic is very important: The Wills

Make certain both witness signatures were witnessed by a notary-public. This stops the time-consuming, expensive, and necessary search for the witnesses, who must verify their signatures as their own before anything can proceed.

You Want to Avoid Probate -
Probate is time consuming (maybe over a year) and costly - think of paying $150 an hour for work that could have been avoided.

Each parent will need a NON-INTERVENTION will - if their State allows for non-intervention wills. (Alternately: a Living Trust will avoid Probate Court.)

Find the requirements for your parents' State that must be fulfilled to avoid the estate being placed under the authority of the Probate Court. It might be as easy as placing a non-intervention clause into the Wills/documents.

The purpose of the non-intervention clause is to prohibit the State, or anyone else, from interfering with their Wills-to-be-done.This removes Probate from the / the Probate Court , leaving the Probate Court to oversee the publication of the death notices and set the length of time for any creditors to come forth and file claims, and be paid. The Probate Court will approve the final report of the executrix or executor, and then you may dispose of the estates. My Mom and Dad's Wills Went Quick and Easy Through the Probate Court because they could not be probated.

Tamara G

Until the person for whom you are holding the POA dies.

Kailey

A Power of Attorney is a permanent document, however, there are some things to remember. The POA document must specify if it is for medical, financial, or both. It is always a good idea to name at least two people to act as your POA. That way, in the event that one of them becomes unable to act on your behalf, someone else is already named. A POA document can be changed at anytime if the person is able to sign, and agree to these changes. However, if there are two people named, one of those parties can not revoke the rights of the other unless the said person is in agreement.

icddppl

A power of attorney will end upon death but if you need to make decisions after they die, it needs to be a Durable Power of Attorney.

jonsforde

normally a year. but if it is decided to be shorter, then it is legal up until a decided length.

spicy girl 1

Until it is revoked by the person who wrote it or when the notary date expires.

muna

depends on the purpose for which power of attorney is given.

LORD Z

Until the person revokes it or in the case of a durable power of attorney til death.

flowerspirit2000

UNTIL ANOTHER POA IS CREATED DESIGNATING ANOTHER PERSON

Teresa O

if it's a basic power of attorney, until you say so. If it's the other option, then it stays in effect until you die.

looking hard (kisskiss2u)

i think that it is 2 r 3 years.

swanjarvi

A Gen Power of Att remains valid until revoked or for the duration specified in the instrument, or till death of one party therein. Specific POA is valid till the reason for the instrument ceases to be valid. This is 'jurisprudence', so holds good in all countries where law rules.

Celtic Tejas

Forever unless it has a termination date.

Jessie

it stays until you revoke it. Its usually a smart thing when you initally get it, put a time limit on it that way if for some reason you forget about it that person isnt running around using your name.

Also DO NOT get a general POA, that means that person can do anything he/she wants in your name get a SPECIAL POA straight to the point and can only be used for that one reason!

Linda

Life if they wan t it but they can change it

wingedladyk

Power of attorneys are very specific. They will last as long as the reason for it is in effect or the person passes away or changes it themselves.

jenniferaboston

Until the person is deceased and their estate is finalized.

Rolly r

until those who gave it changes or transfer it to someone else.

mightymite1957

It depends on how the POA is worded. Sometimes they are written for a specific time frame for a purpose (if someone needs to sign a contract or sell a piece of property, and knows that they won't be available). If it is for medical reasons, usually it would be until they are able to handle their own affairs again. If your parent is elderly, or suffers from a disease that renders them incapable of making decisions, then it could be indefinately. Check the POA, or have your attorney take a look at it.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: