If one does not have a Will, but does have a Durable Power of Attorney (not just Medical Power of Attorney and

Question

If one does not have a Will, but does have a Durable Power of Attorney (not just Medical Power of Attorney and

Anonymous Jun 28, 2015 2 views 3 answers

they become incapacitated, what happens?

Maria Lowry · Accepted Answer · 2026-06-15T15:12:12+00:00

The agent listed in the POA handles things until the person dies, according to the powers given in the POA. The power ends at the principal's death. The person's estate will pass through intestacy when he/she dies.

W. Tyler MellingEstate Planning AttorneyCedar City, UT · Accepted Answer · 2026-06-15T15:12:12+00:00

W. Tyler MellingEstate Planning AttorneyCedar City, UT

W. Tyler MellingEstate Planning AttorneyCedar City, UT · Jun 15, 2026

Ms. Lowry is correct. Additionally, a court may order a supervised guardianship, but POAs help avoid such procedures in most situations. Best of luck to you.

0 upvotes

Thomas Baker · Accepted Answer · 2026-06-15T15:12:12+00:00

If competence or ability is regained a Will can be done. If not a Will cannot be done. The power of attorney works now during the disability.

If one does not have a Will, but does have a Durable Power of Attorney (not just Medical Power of Attorney and

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