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A power of attorney can only represent a living person. After death, the court will appoint a an executor for the estate.

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10y ago

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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.


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.


What do you need to do when there is no power of attorney prior to death?

There is nothing that needs to be done. If you need to establish and close an estate, you apply to be executor.


Do I need a will and power of attorney to ensure my wishes are carried out and my affairs are managed appropriately in the event of incapacity or death?

Yes, having a will and power of attorney is important to ensure that your wishes are carried out and your affairs are managed appropriately in the event of incapacity or death. A will specifies how your assets should be distributed after your death, while a power of attorney allows someone to make decisions on your behalf if you become incapacitated.


How long does a Power of Attorney keep papers after the death?

Legally speaking, a Power of Attorney's authority ends upon the death of the individual. However, they may need to keep the relevant paperwork for a period of time to address any outstanding matters or potential challenges. Ultimately, it's best to consult with a lawyer or estate planner to determine the specific requirements in your situation.


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.


Do you need a lawyer to obtain a power of attorney in Texas?

No, you do not need a lawyer to obtain a power of attorney in Texas.


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.


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.