My uncle gave a Power of Attorney to a developer to build and sell property on his land, agreeing to pay him back. Unfortunately, my uncle passed away, and we believe the developer continued using the Power of Attorney even after his death. Now, the developer’s partner has reached out to us. The person holding the Power of Attorney for the developer’s firm also passed away. Can they still use the Power of Attorney? Even if it’s a specific or limited Power of Attorney, is it valid after death? Furthermore, wouldn’t using the Power of Attorney after my uncle’s death be considered illegal?

Apni Law
Apni Law
Law Forum › Category: Documentation › My uncle gave a Power of Attorney to a developer to build and sell property on his land, agreeing to pay him back. Unfortunately, my uncle passed away, and we believe the developer continued using the Power of Attorney even after his death. Now, the developer’s partner has reached out to us. The person holding the Power of Attorney for the developer’s firm also passed away. Can they still use the Power of Attorney? Even if it’s a specific or limited Power of Attorney, is it valid after death? Furthermore, wouldn’t using the Power of Attorney after my uncle’s death be considered illegal?
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Apni Law Staff asked 5 months ago

My uncle gave a Power of Attorney to a developer to build and sell property on his land, agreeing to pay him back. Unfortunately, my uncle passed away, and we believe the developer continued using the Power of Attorney even after his death. Now, the developer’s partner has reached out to us. The person holding the Power of Attorney for the developer’s firm also passed away. Can they still use the Power of Attorney? Even if it’s a specific or limited Power of Attorney, is it valid after death? Furthermore, wouldn’t using the Power of Attorney after my uncle’s death be considered illegal?

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Apni Law Staff answered 5 months ago

A Power of Attorney (PoA) automatically terminates upon the death of the principal (your uncle). Therefore, the developer’s firm cannot legally use the PoA to build or sell property on your uncle’s land. Using the PoA after your uncle’s death would be illegal and any actions taken based on it would be considered void.

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