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Is a durable power of attorney valid after the person dies?

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A durable power of attorney becomes void and invalid upon the death of the principal. The principal can delegate authority to an agent using a written power of attorney designation. But the agent’s authority is limited only to those acts the principal himself has power or authority to perform. At death, the principal’s power to act ceases, along with the agent’s authority to act on behalf of the principal.

A durable power of attorney differs from a standard power of attorney in that it continues to be effective even after the principal has become incapacitated due to physical or mental health reasons. But no power of attorney exists following the death of the principal. In order to act on behalf of a deceased individual (technically, on behalf of the estate of the deceased individual), Utah law normally requires the appointment of a personal representative.