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Can a POA sue a person even if the person who assigned POA is dead?
No. A POA expires when the principal dies.
How long does a power attorney document last?
A Power of Attorney is extinguished when the principal dies, becomes incapacitated or revokes the POA. A Durable Power of Attorney remains active even when the principal becomes incapacitated although it is also extinguished when the principal dies or revokes the POA.
Does a durable power of attorney survive onset of disability?
Yes. A Durable POA is effective as long as the principal is alive even though they are disabled or incapacitated. The Durable POA ends when the principal dies.
If you are poa for your mother and she dies can you get money from her bank account to help with funeral cost?
Strictly speaking , no, you can't. By law, the POA that gave you authority to handle your mother's accounts became ineffective immediately upon her death. Using the POA after the death of the person who issued it is illegal.
If you had power of attorney and it was revoked and another POA is abusing the privileges what can be done to insure that person does not get everything once the person dies?
A POA gives one person (the attorney-in-fact) the authority to sign legal documents on the behalf of another (the principal). The fundamental reason for a POA is for the convenience of the principal. There are no personal privileges accorded to the POA unless they are set forth in the instrument that created the POA. If the attorney-in-fact is abusing their authority the abuse should be brought to the attention of the principal so they can revoke the POA. Only the principal can revoke a POA. If the principal is not capable of making the decision to revoke the POA or have become vulnerable to undue influence then you should seek legal advice to discuss your options. Perhaps a guardianship or conservatorship is needed. If someone is appointed guardian, the power of attorney would be extinguished. A POA expires when the principal dies. Therefore the attorney-in-fact has no special status as an heir when the principal dies unless you think they have used undue influence on the principal to draft a will that unjustly favors the attorney-in-fact. Again, you should discuss this situation with an attorney who can review the situation and explain the options.
What happens when a power of attorney dies and the principal is incapacitated in the state of Alabama?
If there was no successor named in the original POA then that POA is extinguished. If the principal no longer has the legal capacity to execute a new POA then someone must petition the court to be appointed the conservator to manage the estate and the affairs of the person who is now incapacitated.
Should a POA wait until that person dies before have an auction of their belongings?
A POA usually doesn't give permission to auction off possessions before a person dies. There might be a Will involved or a relative is supposed to get a certain item. The only reason to auction is if the person is in a rest home or living somewhere else.
Does a family member have rights when power of attorney agent dies?
If the attorney-in-fact dies their powers don't need to be revoked. They can no longer exercise those powers. If the principal wants to continue having an AIF they can draft a new POA and provide copies to any entity where it might be used. A statement could be added to the new POA document informing them that the former AIF (name + date of appointment + date of death) has died. If no new AIF will be appointed then notice of the death of the AIF could be sent to any entity where the POA had been exercised such as banks, investment firms, etc.
When a person dies intestate and their son in poa can he take the entire estate and not divide with siblings?
No. The Power of Attorney expires on the death of the grantor.
What happens if the attorney in fact under a power of attorney dies before the principal in Virginia?
If the attorney-in-fact dies the principal must execute a new POA appointing a new attorney-in-fact.
Can power of attorney be rescinded?
The persons wishing to have the POA invalidated must follow the prescribed legal procedure according to the laws of the state in which the POA was granted. When a POA grantor dies the POA becomes invalid and the deceased's financial matters become the jurisdiction of the probate court and the executor of the estate. If no executor was named in the Will or no Will was current the probate court appoints someone to oversee the estate of the deceased.
If a one sibling has POA can the other siblings contest the will when the parent dies?
Yes, other siblings can contest the will even if one sibling has power of attorney (POA). Contesting a will typically involves challenging its validity based on factors like coercion, fraud, or lack of capacity. POA does not automatically prevent siblings from contesting the will.
