The Teacher Within: Powers of Attorney End At Death

The Teacher Within: Powers of Attorney End At Death
By Melinda Gustafson Gervasi

Nearly every day of my elementary school days I "played school" upon returning home.  My older brother, 10 years my senior, thought I was a weird kid.  My parents thought they would raise a teacher.  Wrong!  A lawyer emerged.  What my family did not realize was the extent to which a lawyer educates as part of her legal practice.

Today's lesson -- powers of attorney end with death.  It is a new concept to my clients, who suddenly find themselves wading into the terms and processes associated with planning for, and administering an estate.  I will get a call in which I hear "I am my dad's power of attorney, and he died last week, what do I do?".  My answer: "you were his power of attorney.  That authority ended with death.  Was there a will or trust?  If so, who was appointed to act now?  Who is the Personal Representative and/or trustee?" And the educating begins.

What startles me is the number of times, usually weekly, that I need to provide this lesson to financial professionals.  Today it was a huge company's retirement division.  The front line staff refusing the court appointed Personal Representative's request for W2 information.  The proper paperwork from the court was provided.  Yet, Customer Service Rep #1973 demanded a Power of Attorney.  Tone cannot accurately be determined from an email, but it certainly appeared authoritative with a hint of indignation. My work day ended with a short informative lesson about the laws here in the Great State of Wisconsin, and a hope that the "student" we see the light, and release the necessary information. 

No, I do not hand out grades or edit papers in the way of our  public school teachers.  But I do put on an educator hat on regularly, ready to educate and hopefully ease the already difficult path of filing incomes taxes for a recently departed loved one. See mom, I am a teacher in a way!  And hopefully a bit kinder than Prof. Kingsfield.

Please note that a blog is NOT legal advice.  It is intended to spark conversation, and nothing more.  Please consult an attorney in your state of residence for legal advice specific to your situation.