How do I obtain a power of attorney over spouse?

Answer 1

You can't. A POA is granted to enable the grantee to assist the person while he or she is living. A POA becomes null and void upon the death of the grantor. Estates are handled by executors or executrixes that are chosen by the deceased person by means of a will, or they are appointed by the probate court.

Answer 2

No. Only a living person can give a power of attorney. In fact, any power given by a living person is automatically revoked and of no effect upon the death of the giver of the power. On death only an executor (if there is a will) or an administrator (if there is no will) can handle matters involving the decedent's assets.

Answer 3

A Power of Attorney enables one person to act on behalf of another LIVING person. You cannot act as an attorney-in-fact for someone who has died. You must probate the estate and thereby request the appointment of an executor or administrator.
Nobody can obtain power of attorney for a deceased person or carry on using a durable power after the principal dies, mainly because a dead person has no powers to be carried out in person or by attorney in fact.

You cannot obtain a Power of Attorney from a person who has died. Any POA a person grants during life expires upon their death. You need to petition the probate court to be appointed the administrator of his estate. Once you are appointed you will have the legal authority to handle his estate.

You should seek the advice of an attorney who specializes in probate.

Answer 4

A spouse who has legal capacity must execute a Power of Attorney voluntarily naming you as their attorney-in-fact. They must understand what they are doing, why they are doing it, understand the effects that executing the POA will have and they must not be unduly influenced or pressured by someone else to do it. The principal should discuss it with an attorney who can review their situation, listen to their needs, explain their options and explain the consequences.

Answer 5

A POA is only active when the principal is alive. If your father died owning any property then his estate must be probated. You would need to Petition the probate court to be appointed the Administrator of his estate. You could speak with a clerk at the court to determine wht you need to file. However, the best course of action would be to schedule an appointment with an attorney who specializes in probate who can review your situation and explain your options and the costs involved.

Answer 6

You cannot obtain a power of attorney since the only person who could grant it is deceased. You need to visit the probate court to determine if you are eligible to petition to be appointed the estate representative.

Answer 7

There is no point in getting a power of attorney, as it is used to represent a living person. They need to apply to the probate court to be appointed executor of the estate.

Answer 8

Only a living person can grant a power of attorney. The court can issue a letter of authorization when an estate is opened.