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What do you need to do when there is no power of attorney prior to death?
Wiki User
∙ 9y ago
There is nothing that needs to be done. If you need to establish and close an estate, you apply to be executor.
Wiki User
∙ 9y ago
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Do you need a power of attorney after your dads death?
A power of attorney can only represent a living person. After death, the court will appoint a an executor for the estate.
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.
Why would you need power of attorney if parent is deceased?
You wouldn't need one, as a power of attorney only represents a living person. After their death, a power of attorney would no longer be valid. You need letters of authority to close the estate.
Can you still write checks on an account that includes your name after your mothers death with a durable power of attorney?
If you are one of the account holders, yes. You do not need a power of attorney to do so. Also a power of attorney expires on the death of the grantor.
How do you contest the the severity of the principals alzhiemers upon the appointment of poa?
You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.
Do you need power of attorney to get cable or other bills disconnected?
It depends on whether the person is living or not. A power of attorney expires on the death of the grantor. If they have passed, you need a letter of authority to represent the estate.
Can the power of attorney close your safe deposit box while you are still living?
If you have given the individual the ability to represent you, yes, they can. Note that a power of attorney ends at the death of the grantor. You need to be careful who you give a power of attorney to and limit it to specific transactions or time frames.
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.
After death does person with power of attorney have a moraland legal obligation to family members to inform them of the contents and accountability of funds prior to death?
Yes. The attorney-in-fact should turn over any account information, statements, check books, etc., to the executor or administrator. And yes, you are legally accountable for any funds you spent while you had power over the decedent's estate as their attorney-in-fact. If you are accused of self-dealing then you will need to prove that every expenditure you made while attorney-in-fact was for the sole benefit of the principal. Their death doesn't shield you from accountability. If you refuse to co-operate you can be sued.
Does a general power of attorney need to be filed with the courts?
Yes. You should be sure to have a general power of attorney and/or medical power of attorney.
Does a limited power or attorney form need to be notarized?
Yes, all power of attorney forms need to be notarized.
How do you settle a judgment if the attorney is deceased?
If the judgment was rendered prior to the attorney's death, then you must adhere to the court ruling yourself. If you feel the need of an attorney to represent you in carrying out the order, you must employ one. If the attorney died while the matter was still in litigation, you DEFINITELY need the services of another attorney to take over the case. The court will, in all probability, grant a continuance to you for this.
