Can a Florida Durable Power of Attorney Be Used to Pay Bills After the Principal Dies?

Kaylin M.M. Bosque, Esq.

Sep 2

1 min read

QUESTION:

I served as my aunt’s agent under a Florida durable power of attorney. My aunt died on August 29, and she left unpaid bills as well as money in a bank account held in her name. The durable power of attorney includes language referring to termination upon death, with an exception for limited post-death matters allowed by state law.

May I continue using the durable power of attorney to write checks from my aunt’s bank account and pay her outstanding bills, or must an estate be opened and a personal representative appointed first?

ANSWER:

I'm sorry for the loss of your aunt. Under Florida law, a power of attorney terminates automatically and immediately upon the principal's death. The "good faith" protection only covers an agent who acts without knowledge that the principal has died. Since you know your aunt passed away on August 29, you no longer have legal authority to write checks or pay her bills as her agent.

To pay her debts and manage her funds and property now, her estate generally needs to go through Florida probate. Depending on the size and nature of the estate, that could mean a summary administration or formal administration. I recommend consulting a Florida probate attorney promptly, since banks will generally freeze the accounts once they learn of your aunt's passing, and there may be time-sensitive steps once probate begins.

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