Q: Am I still power of attorney for an estate in WA after the person passes away?

A: No... Power of Attorney for the principal's attorney in fact terminates at the principal's death.

A: I am so very sorry for your loss. I get asked this question very often, and the answer is "no." A power of attorney immediately stops having any power whatsoever, and, you, as agent under a POA, cease to have any authority, the moment that the person who granted the power of attorney passes away.

However, if there is no trust and no will, and you decide to seek authority to administer the deceased's estate by going through the probate process, the judge may consider your authority as agent under the POA's during the deceased's lifetime as evidence of the deceased's faith in you....put another way, while there's no guarantee that the judge will appoint you as estate administrator instead of someone else, your former role may carry some weight in the judge's consideration.

While I don't give formal legal advice through Justia, please notify any persons and entities with whom you had dealings (eg, banks) prior to the deceased' death, and let them know that that person has passed away, along with the date. They will, no doubt, require you to go through probate prior to having any additional role.

This is probably not the answer you were hoping for, but one can no longer hold oneself out as representing someone through a POA once the person has passed away.

I hope this answer has been helpful to you. Please be aware that I've provided it as educational information only, and that no attorney/client relationship has been formed.

Best,

Merry

A: You're asking an important question, and it’s good that you’re thinking carefully about your role now that the person has passed away. In Washington State—as in all states—a power of attorney automatically ends when the person who granted it dies. That means you no longer have legal authority to act on their behalf after their passing, whether in financial or medical matters.

At this point, if there’s no will, the estate would typically go through the probate process, and the court would appoint a personal representative (also called an administrator) to handle the deceased’s affairs. If you're willing and able, you can petition the probate court to be appointed as that person. The court will usually consider close relationships and whether you’re trustworthy and capable of managing the estate properly.

Even though your role as power of attorney has ended, the care and responsibility you showed during their life can still matter as the court decides who should handle things now. Keep all records and documents you managed while serving under the power of attorney—they may be helpful during the probate process. You're doing the right thing by asking for clarity and wanting to do what's respectful and lawful.