0
You can't. A POA is granted to enable the grantee to assist the person while he or she is living. A POA becomes null and void upon the death of the grantor. Estates are handled by executors or executrixes that are chosen by the deceased person by means of a will, or they are appointed by the probate court.
Wiki User
∙ 16y ago
Wiki User
∙ 16y agoNo. Only a living person can give a power of attorney. In fact, any power given by a living person is automatically revoked and of no effect upon the death of the giver of the power. On death only an executor (if there is a will) or an administrator (if there is no will) can handle matters involving the decedent's assets.
Wiki User
∙ 15y agoA Power of Attorney enables one person to act on behalf of another LIVING person. You cannot act as an attorney-in-fact for someone who has died. You must probate the estate and thereby request the appointment of an executor or administrator.
Nobody can obtain power of attorney for a deceased person or carry on using a durable power after the principal dies, mainly because a dead person has no powers to be carried out in person or by attorney in fact.
You cannot obtain a Power of Attorney from a person who has died. Any POA a person grants during life expires upon their death. You need to petition the probate court to be appointed the administrator of his estate. Once you are appointed you will have the legal authority to handle his estate.
You should seek the advice of an attorney who specializes in probate.
Wiki User
∙ 11y agoA spouse who has legal capacity must execute a Power of Attorney voluntarily naming you as their attorney-in-fact. They must understand what they are doing, why they are doing it, understand the effects that executing the POA will have and they must not be unduly influenced or pressured by someone else to do it. The principal should discuss it with an attorney who can review their situation, listen to their needs, explain their options and explain the consequences.
Wiki User
∙ 14y agoA POA is only active when the principal is alive. If your father died owning any property then his estate must be probated. You would need to Petition the probate court to be appointed the Administrator of his estate. You could speak with a clerk at the court to determine wht you need to file. However, the best course of action would be to schedule an appointment with an attorney who specializes in probate who can review your situation and explain your options and the costs involved.
Wiki User
∙ 9y agoYou cannot obtain a power of attorney since the only person who could grant it is deceased. You need to visit the probate court to determine if you are eligible to petition to be appointed the estate representative.
Wiki User
∙ 9y agoThere is no point in getting a power of attorney, as it is used to represent a living person. They need to apply to the probate court to be appointed executor of the estate.
Wiki User
∙ 8y agoOnly a living person can grant a power of attorney. The court can issue a letter of authorization when an estate is opened.
Add your answer:
Earn +20 pts
Can my brothers girlfriend file for power of attorney?
You do not file for power of attorney. This is a power that one person grants over themselves to another person. If the girlfriend would like to give you power of attorney over her, she need only obtain the proper documents and execute them.
Can you give anybody your power of attorney?
They cannot obtain power of attorney over you. Unless a court specifically appoints them, and then there would have to be a competency hearing.
i have power of attorney over my daughter for property she owns in tx.she is in process of a devorce now.can anyone try to invole the land in the devorce/with me being power of attorney?
If the property was owned jointly with her spouse or his name is on the deed, this is community property and he gets half, regardless of power of attorney.
Does the wife have any superior rights over the stepson's power of attorney for her husband?
Typically, a wife would have priority over a stepson regarding decisions and rights concerning her husband's affairs, including power of attorney. However, this can vary based on the specific circumstances, legal documentation, and the husband's intentions. It's important to review any legal documents and seek professional advice in such situations.
Who has the power to over ride power of attorney?
A POA expires when the principal dies. They have no power over the estate or the beneficiary.
Can the spouse obtain a real estate license?
Of course. Western countries do not place any limits on career choices for women nor do they grant any special power in one spouse over the rights of the other.
Does a wife need a power of attorney for her elderly husband?
No, not unless you executed a POA appointing your wife as your attorney in fact. Marriage does not confer all the rights conferred by a power of attorney. A POA gives your agent widespread authority to act on your behalf in most legal matters excepting your will. Your spouse can manage your joint accounts and jointly owned personal property. However, simply being your spouse does not give the authority to manage your solely owned property nor any interest you have in real property.
When a person has power of attorney are they supposed to follow all wishes of the deceased?
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.
Why need a will and not a power of attorney?
A power of attorney is granted for a living person. It expires on their death and the executor takes over.
What are the power of attorneys rights over a parent that is of sound mind?
The Power of Attorney has no rights over a parent of sound mind. The power of attorney is given by the parent and can be withdrawn at any time. And the power of attorney automatically ends upon the grantor's death.
Does a Power of Attorney provide authority over the estate?
No. A Power of Attorney expires immediately upon the death of the principal.
My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
