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If the personal representative is authorized to make health care decisions, generally, then the personal representative may have access to the individual's protected health information regarding health care in general.
A legal personal representative is typically named in a person's will, trust, or appointed by a court to manage and distribute the deceased person's estate. To be a legal personal representative, one must have the legal authority granted by the deceased's estate planning documents or court order to act on behalf of the deceased person and carry out their wishes.
what is durable power of attorney
A power of attorney grants the authority to act on the behalf of a living person. Once the principal dies the power of attorney is extinguished and some qualified person must petition the probate court for appointment as the personal representative of the estate.
A power of attorney terminates when the principal dies. You need to petition the probate court to be appointed the representative of her estate.
In common law jurisdictions a personal representative is a generic term for the executor or administrator of an estate. A personal representative can also be a person chosen to manage the day-to-day affairs for some other individual under the authority of a Power of Attorney . A trustee is the person appointed by a trust document to manage the property held by the trust.
You need be be listed as "power of attorney" for her.
A power of attorney grants a person the right to act as your legal representative and make binding legal/financial decision for you. You can easily find power of attorney forms on the Internet. There are two types of powers of attorney; general (unlimited in curating and permitted to act as your legal representative until it is revoked) & specific (imposes limits on the individual and may restrict their power to a single type of conduct or transaction). The power of attorney becomes effective when the forms are signed.
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.
Not all Powers of Attorneys terminate when the principal becomes incompetent. Some states all an incompetency clause in a POA that allows the agent to continue to serve even if the principal is determined be incompetent. POA terminate when a principal dies because once a person dies, a Personal Representative is appointed to their estate (either one determined by the principal through a Will, or one appointed by the court). Since a Personal Representative is required to administer any part of a decedent's estate, the POA must be terminated.
Powers of Attorney do not need to be approved by a court. Any person can execute a Power of Attorney to appoint a personal agent. Courts appoint guardians.
You need to consult with an attorney or a representative from the state attorney general consumer division.You need to consult with an attorney or a representative from the state attorney general consumer division.You need to consult with an attorney or a representative from the state attorney general consumer division.You need to consult with an attorney or a representative from the state attorney general consumer division.