What happens to a power of attorney if the owner dies or loses capacity?

A power of attorney automatically ends when the person who granted it dies, regardless of what the document says, and authority to act on the estate's behalf then passes to an executor or administrator through probate instead. A durable power of attorney continues to work if the owner loses mental capacity while still alive, which is the main reason people use that version rather than a standard one. An estate attorney should confirm exactly which situation applies before a sale moves forward.