What is the validity of power of attorney in case of death of the principal

The death of the principal is absolute grounds for terminating the powers of attorney issued to them in accordance with the applicable civil legislation. Thus, in the case of death of the specified term of a power of attorney does not matter, because the relationship no longer exist.

Features of calculation of the period of validity of a power of attorney established the current civil legislation of the Russian Federation. In particular, in the power of attorney must specify the term of the transaction, otherwise it is considered null and void. The specific period for which transferred certain powers could not be fixed, but in the absence of a power of attorney will be considered valid throughout the year. There are certain grounds for termination of a power of attorney, which can be implemented as the will of the parties, and in connection with other circumstances.

What happens in case of death of the settlor

The death of the principal (the person issuing the power of attorney) is grounds for termination of said power of attorney. That is why the question of its validity in this case is untenable. Directly after fixing the death of the settlor a power of attorney is terminated, and the period for which it was issued, ceases to have legal significance. The same effect causes not only the death of the principal, but also the recognition of its limited legal capacity, missing, or incapacitated. It should be noted that when fixing the death of the person who issued the power of attorney used similar effects, that is, the power of attorney also ceases immediately. If the power of attorney allowed for the possibility of substitution and the specified feature was implemented, the death of the principal in the original power of attorney also terminates the specified assignment.

What actions must be made to the representative in case of death of the principal

The civil law requires the representative of any additional actions when the death of the settlor. The power of attorney terminates automatically, so the document, which it was designed, may not apply for the purposes of representation. The only obligation that rests with the representative, was the immediate return of power of attorney assigns of the principal. If the representative does not know about the death of the Trustor, the successors are obliged to notify it about this event and to announce the termination of attorney known to all persons, for representation to whom it was issued. In some cases, an appropriate message can be placed in the media.