0
Yes, as long as the principal is living and the power of attorney is durable. Once the principal dies the POA is extinguished and the estate must be probated. The court will appoint an estate representative.
On the other hand, if the principal is incapacitated the family can petition the probate court to appoint a guardian and if granted, the guardianship will supersede the POA and the POA will be extinguished.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
Is my oldest child the next of kin?
Not necessarily. The next of kin is usually the closest blood relative, such as a spouse or parent. If something were to happen to you, legal documents like a will or power of attorney can designate who is considered your next of kin.
Does next of kin have to hold power of attorney to get autopsy results?
The power of attorney expired on the death of the principle. The executor of the estate can certainly obtain a copy.
If parent has given power of attorney to one child but another child is legally next of kin..the next of kin has best interest in mind..who has say over actions of caring for parent?
The concept of "next of kin" is used only when no other instrument exists to determine control of an estate, make medical decisions, and so on. If a power of attorney has been properly executed and is in effect, then it supersedes any next-of-kin determinations.
Can you appoint someone as your next of kin?
No. The law decides who qualifies as your next-of-kin. You can execute documents that give someone the power to make decisions for you: Durable Power of Attorney and Medical Power of Attorney. See the related question below for a discussion on next-of-kin.
Does healthcare proxy supercede next of kin?
A health care proxy is someone that can make decisions for you if you are too incapacitated to do so yourself. And yes, whomever you chose to be your proxy will supersede next of kin.
What happens when a power of attorney dies and the principal is incapacitated in the state of Virginia?
If the Attorney In Fact dies, then the Power of Attorney is null. In most states this means that if the individual is incapacitated the next of kin can have that person adjudicated incompetant in Probate/Family court and can take over the affairs. NB: a Power of Attorney is a document. An Attorney In Fact is the person to whom a power of attorney is granted.
Can next of kin give power of attorney to another relative for another dying kin?
A Power of Attorney is extinguished when the principal dies. After a person's death a new type of fiduciary must be appointed by the court: an executor if the decedent left a will or an administrator if they died intestate.
What is your responsibility as next of kin to a cousin who has just died?
Unless you had been assigned their Power of Attorney (while they were alive) or named as their Executor, you have no legal obligation or responsibility.
Settling the Estate of a Murder victim?
Contact the next of kin or hire a probate attorney to do it.
Is a partner in a New Zealand same-sex civil union considered legal next of kin?
Yes. His or her rights supersede those of the partner's parents, siblings or children.
If a father dies leaving no will and has four children which child is deemed next of kin?
The oldest / most capable of the 4 most likely unless there is a power of attorney. For purposes of inheritance, they are all equal.
What do next of kins do?
A next of kin is your closest living blood relative. There are many laws regarding a next of kin but they vary from state to state and country to country. A next of kin may be eligible to receive an inheritance when you die and they might have power to make decisions for you if they are not able to.
