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Is a power of attorney still valid after the principal dies?
A power of attorney terminates when the principal dies.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
How long does it take to become a power of attorney?
Not long at all. Some one can give you their power of attorney. It just takes as long as it takes to write it up.
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.
When a person has power of attorney are they supposed to follow all wishes of the deceased?
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.
Does a will exceed a durable power of attorney after death?
A durable power of attorney represents a living person. The will takes effect on the death of the grantor.
Does an administrator have more say than the power of attorney?
The administrator is appoint after death. The power of attorney represents a living person. The power of attorney ends with the death of the grantor and the administrator takes over.
Who is more powerful the person with will power or the person with power of attorney?
It depends on whether the person is living or dead. A power of attorney represents a living person. After their death, the power of attorney is no longer valid. Then the Executor takes over.
Does power of attorney make you responsible for the disabled person's bills?
No. A power of attorney expires upon the death of the principal. The decedent's estate is responsible for paying the debts. A qualified person must petition the probate court to be appointed the estate representative. Once they have been appointed, they will have the power to pay debts.
Is executor of the Will same as power of attorney?
No. A living person (the principal) can execute a Power of Attorney document that appoints an attorney-in-fact to act on their behalf and manage their affairs while they are alive. A POA is extinguished immediately upon the death of the principal. An executor is the person named in a will to distribute an estate after a person has died. The will must be filed in probate court and the court will appoint the named executor if there are no objections to the appointment. The executor will then have the authority to pay the debts of the decedent and distribute the remaining estate to the heirs according to the provisions set forth in the will and the state probate laws.
Does a will over power a powerof attorney?
The fact that there is a will doesn't matter. The power of attorney is valid until the death of the person it is associated with, or it is revoked, whichever comes first. The guardian is responsible for taking care of the individual. If the person handing the money (power of attorney) can't agree, they will have to go to the probate court for resolution.
What is the purpose of a durable power of attorney?
A power of attorney grants the attorney-in-fact the power to act in your place as if you were doing whatever the power grants. A power can be durable - continues in effect if you become incompetent, springing - takes effect only if you become incompetent, limited - only authorizes acts related to one or a few things, such a care fir child place in the attorney-in-fact's custody, or a real estate transaction, or limited in time, such as when you are out of the country on vacation.
