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does a durable power of attorney extend after a person has died

1 Answers. Asked on Jan 02nd, 2012 on Trusts and Estates - Texas
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my partner has given me his durable power of atterney and his sister is trying to tell me that it is only valid up to and not after his death. that after he has expired that I cannot make any more dicissions regarding his estate or about the methed that his funeral will be paid for.
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Answered on Jan 03rd, 2012 at 11:32 AM

Of course each state is different and I am a California attorney. Here in California a power of attorney does expire at death BUT there is an exception for certain issues related to making funeral arrangements. However, that power comes from a medical directive rather than a financial power of attorney. In terms of paying for the funeral in California that is a priority claim and will be reimbursed ahead of most other expenses (other than the government) if there are assets left. However, if people steal assets after death (as often happens) it can be difficult to make your claim for reimbursement. Good luck to you.

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