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Power of Attorney
You can choose when a power of attorney ends. If it is enacted while you travel, it can end if you become mentally incapacitated. With a durable power of attorney, the document can continue until death. This means you cannot give your agent authority to handle things after your death, such as paying debts, making funeral or burial arrangements or transferring your property to the people who inherit it. A last will and testament addresses those issues.
Your durable power of attorney also ends if:
- You revoke it. As long as you are mentally competent, you can revoke a durable power of attorney at anytime.
- A court invalidates your document. This rarely happens, but a court may declare that you were mentally incompetent when you signed it, or that you were the victim of fraud.
- You get a divorce. In a handful of states, such as Alabama, California, Colorado, Illinois, Indiana, Minnesota, Missouri, Pennsylvania, Texas and Wisconsin, if your spouse was your agent, once you are divorced, the power of attorney is automatically terminated.
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