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What kind of power attorney you need in case of death of a spouse?
Wiki User
∙ 14y ago
A Power Of Attorney (POA) is only vallid while the person who gave the power (principle) is alive. Once the principle is deceased, the POA is invalid and you may no longer act as attorney-in-fact. In order to transact business for a person who is deceased, you need to be appointed as the executor. There are sometimes certain transactions that automatically occur by operation of law, such as pay on death accounts and joint tenancy.
Wiki User
∙ 14y ago
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Can you legally sign a document for an incompetent spouse if the daughter of the incompetent spouse has Power of Attorney?
If the daughter has a valid Power of Attorney then she can sign for the incompetent. The Power of Attorney must have been executed when the spouse was competent and clearly to remain in effect in the case of a later incompetency. In most jurisdictions this would be knows as a Durable Power of Attorney.
Which power of attorney form should you use in case of death?
None, because a power of attorney is only used for a living person. After their death, the forms to create an estate and be appointed executor would be used.
If you have a will does it make a power of attorney void?
Along with a Will, you should also have a designated person with power of attorney and a health care directive in case of serious illness or injury.
Your mother died last month she named your nephew over all power of attorney in case of her death is this a legal and binding will it has been notarizred?
Power of attorney expires on the death of the individual that granted it. If she had a will, it needs to be probated and the court needs to appoint an executor in charge of the estate. Consult a probate attorney in your area.
Is a spouse required to pay temporary attorney's fees in a divorce?
In my case, no, in the state of Missouri.
Can the state's attorney over turn a case?
No, attorney's do not have that power, only the judiciary can overturn a case.
Does the person who has power of attorney also have the right to make funeral plans?
Depends on whether they are the attorney of person (in that case yes) or the attorney of finance (in this case no)
Does a wife need a power of attorney for her elderly husband?
No, not unless you executed a POA appointing your wife as your attorney in fact. Marriage does not confer all the rights conferred by a power of attorney. A POA gives your agent widespread authority to act on your behalf in most legal matters excepting your will. Your spouse can manage your joint accounts and jointly owned personal property. However, simply being your spouse does not give the authority to manage your solely owned property nor any interest you have in real property.
Can an attorney of an enduring power of attorney who has been given authority sell any of donor's property assign a donor's life policy to another in return for a payment?
That power must be specifically mentioned in the original power of attorney document. However, what you suggest sounds like theft or fraud. In that case the attorney in fact would be subject to criminal charges.That power must be specifically mentioned in the original power of attorney document. However, what you suggest sounds like theft or fraud. In that case the attorney in fact would be subject to criminal charges.That power must be specifically mentioned in the original power of attorney document. However, what you suggest sounds like theft or fraud. In that case the attorney in fact would be subject to criminal charges.That power must be specifically mentioned in the original power of attorney document. However, what you suggest sounds like theft or fraud. In that case the attorney in fact would be subject to criminal charges.
How long does a power of attorney remain in effect?
A power of attorney can be set up with limitations. It may be limited by a specific event, such as the sale of a house or car. It is also going to end at the death of the person granting the power of attorney.
Can a spouse waive the attorney client privilege for a deceased subject?
In some states, such as Ohio, yes, a spouse can waive the attorney-client privilege. A spouse can waive it or the executor of the estate. See case "State v. Doe" in Ohio case law. The attorney for a deceased inmate who was involved in the murder/disappearance of Erica Baker, was made to testify about the information concerning her client, even though her client requested that she not reveal what happened. Justice Moyer reasoned that the privilege is held by the client and not the lawyer and that since the spouse waived such privilege, she must reveal her confidences.
What rights does a separated spouse have in case of death of the other?
The person has all the rights that accrue to the surviving spouse. See related question link below.
