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Estate Planning

Durable Power of Attorney


Asked on Nov 5, 2021

How does a durable power of attorney work when the person dies?

If you have a durable power of attorney and the person dies, do you still have the authority or does it go to the spouse. I have a durable power of attorney for my aunt, she just died and I'm trying to take care of her funeral and things. Does her husband now have the right to make decisions or myself with the durable power of attorney?

1 Attorney answer


Estate Planning


Answered 302 days ago

Sarah D.

ContractsCounsel verified

Business Lawyer
Licensed in Wisconsin
Free Consultation

A Durable Power of attorney for finances (and healthcare) expires once your aunt dies. It is the executor of her will who now acts in that stead related to her finances. If the executor is the spouse, it will be his right to make the decisions. However, if all property was jointly owned between spouses, there is no need to probate the will under Colorado law.

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