It is one of the most common misunderstandings in estate matters: an agent under a power of attorney assumes they can keep handling things after the person dies. In Florida, they cannot.
A power of attorney ends at death
A power of attorney is only valid while the person who granted it (the “principal”) is alive. The moment they pass away, the agent’s authority ends completely. Using a power of attorney after death—signing checks, transferring accounts—is not permitted.
Who takes over
After death, authority passes to the personal representative named in the will (or appointed by the court), through the probate process—or to the successor trustee, for assets held in a trust. That is a different role with different paperwork.
Why the distinction matters
Acting on an expired power of attorney can create serious legal problems. If a loved one has died and you were their agent, the right next step is to open the estate—not to keep using the POA. Contact Hochberger Law for guidance.
This article is general information about Florida law, not legal advice. Please consult a Florida attorney about your specific circumstances.