First, the Durable Power of Attorney was extinguished when the principal died. You can no longer use it. The authority to handle the estate assets is in the executor.
If no beneficiary was named on the life insurance policy then the proceeds will be made payable "To the estate of Jane Smith". In that case the proceeds are part of the estate. The appointed executor would have the authority to cash the check and pay the funeral expenses.
If the Durable POA is valid in the state where it will be used then it should be accepted.
The power of attorney represents a living person. The durable power of attorney will end with the death of the grantor.
A durable power of attorney that specifies an occurrence or a future date for the document to become effective.
A durable power of attorney represents a living person. The will takes effect on the death of the grantor.
A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.
No, durable power of attorney, although meant for financial decision-making, is restricted against amending wills.
The purpose of the durable medical power of attorney is to name another person to make medical decisions on your behalf.
A durable POA allows the attorney in fact to act even after the principal becomes incapacitated. A general POA does not.
Durable power of attorney ONLY cover financial decision making. A medical power of attorney covers medical decision-making.
Yes.... Powers of Attorney Cease at Decease
A durable power of attorney may not be what you need. You need to consult with an attorney who specializes in business law in your area.
In the state of Florida both durable and non-durable power of attorney needs to be notarized. This does in fact include the medical power of attorney.