Termination of a power of attorney

On Behalf of | Feb 26, 2015 | Powers Of Attorney

People who have established a power of attorney or agents who have been granted powers to act under a power of attorney may have questions regarding when the power may terminate. Several circumstances can result in the termination of a previously granted power of attorney under Nevada laws.

State statutes outline when a power of attorney may terminate. The most obvious reason is the death of the principal who granted the power in the first place. If a granted power of attorney is not a durable one, the power will terminate upon the end of the period established for it. In limited powers of attorney, the power will terminate when the purpose for which the power was granted is completed.

A principal may revoke a power of attorney as well. If the agent is the principal’s spouse and the two get divorced, the power will be terminated unless the document provides otherwise. Similarly, the power will end if the agent dies or resigns his or her duties. A power of attorney that is not durable will also terminate when the principal becomes incapacitated.

Powers of attorney can be important estate planning tools for people to consider. In the event a person becomes incapacitated, a durable power of attorney may allow the person’s designated agent to step in and make important financial decisions on his or her behalf. Since a power of attorney that is not durable will terminate upon the principal’s becoming incapacitated, people may want to discuss the most appropriate way to draft their document with their estate planning attorney. They should also be prepared to discuss trusted agents that will be willing to step into the role if required.