There are two main types of powers of attorney: The Medical Power of Attorney and the Durable Power of Attorney. The medical power of attorney is related to making medical decisions for an incapacitated person. The durable power of attorney relates to financial and property matters. I often refer the durable power of attorney as the “financial power of attorney” to make its role clear.
The maker of a durable power of attorney is called the principal. The principal grants another person (called an “agent” or sometimes an “attorney in fact”) the power to take certain actions on behalf of the principal. Often people create a durable power of attorney that gives the agent the authority to take pretty much any action relating to the principal’s money or property that the principal could take on his or her own. This is sometimes referred to as a general power of attorney. The reason a durable power of attorney is “durable” is that the agent’s power to act on behalf of the principal is not affected if the principal becomes mentally incapacitated. Thus, a durable power of attorney is an important part of any estate plan because it allows people to plan for the time when they are no longer able to make decisions for themselves.
However, while a durable power of attorney continues to operate when a person becomes disabled, it does not survive the principal’s death. After the death of the principal, the agent has absolutely no power to take any action relating to the late principal’s money or property. That task is left to the executor or administrator of the deceased person’s estate.
So, the short answer to this question is: no the power of attorney is not usable after the death of the mother.