How long a POA can be used before death depends on the type of POA, the principal’s capacity and the specific terms outlined in the document.
Provided the POA at issue explicitly grants authority to the agent to conduct real estate transactions, a durable POA can be used to sell property up until the principal’s death, a springing POA, once activated upon the principal’s incapacity, can be used to sell property until death, and a nondurable POA can only be used for property transactions while the principal retains capacity.
By contrast, a limited POA is valid only for the specific real estate transaction for which it was created. Once that transaction is complete, the POA automatically terminates.
It’s also important to remember that POAs can be revoked, which can affect these timelines. If the principal has capacity, they can revoke their own POA. If the principal is incapacitated, revocation may need to be sought by the principal’s loved ones.
The most important point to remember is that a POA, regardless of its terms, can only be legally used while the principal is alive — whether for selling property or managing other affairs. All POAs, without exception, terminate upon the principal’s death.
