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You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.

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15y ago
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13y ago

A Power of Attorney can only be executed by a person who is living and has legal capacity. If your father has died owning property then his estate must be probated. You must petition the probate court to be appointed his executor, if he had a will, or the administrator of his estate if he died intestate (without a will).

You should consult with an attorney in your area who specializes in probate law.

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Q: How does a sibling of the deceased obtain power of attorney?
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How do you get a power of attorney for a deceased sibling?

A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.


How does a benficiary of one who is deceased obtain power of attorney?

A power of attorney can only be granted by a living individual. You want to be appointed executor of the estate, apply to the probate court.


How does the daughter of a deceased person obtain power of attorney to access medical notes?

The power of attorney only represents a living person. You would need to have a letter of authority as the executor of the estate.


How do i obtain an power of attorney for deceased relative?

A power of attorney ceases upon the death of the grantor. For a deceased person, you must be appointed their executor or representative by a court. Generally, if the person had signficant assets or a complex situation this means you need to open an estate, for persons with few assets, most states have a simpler alternative.


How can the wife of a deceased person obtain a power of attorney to execute some important estate matters?

A power of attorney represents a living person, so that won't work. You need to apply to the probate court to be appointed executor of the estate.


Can you get a power of attorney of your parents estate if they are deceased?

Yes, a person has the authority to name whomever he/she wishes. Additionally, that person can name multiple agents for power of attorney.


Who has power of attorney if there is no spouse or children?

Nobody has a power of attorney unless the individual has duly appointed them. And if they are deceased, no power of attorney is valid, as they expire at death.


Can power of attorney and main beneficiary borrow money from estate?

No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.


Does pwer of attorney give you power of the deceased person money?

No. A power of attorney ends upon the death of the principal.


What rights do you have as senior sibling on the sale of your mothers house?

There are none unless it's stated in a will, and or the senior sibling has power of attorney.


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.


If there is two names on a CD account at the bank and one dies can power of attorney take the money out?

If the power of attorney represents the deceased, no, they cannot. A power of attorney expires on the death of the grantor.