Can you legaly still carry out the power of attorney document instuctions if the principal has died and your not the executor of the estate?
2006-08-24 03:04:41 · 9 answers · asked by witch_wicked_1 1 in Politics & Government ➔ Law & Ethics
Although there may be exceptions that I am not aware of, a power of attorney generally expires upon the death of the principal. Once a person dies, then the person's estate should go into effect if he or she has one. Otherwise, you need to look to state law for guidance.
2006-08-24 03:39:50 · answer #1 · answered by Carl 7 · 0⤊ 0⤋
I know of someone that had power of attorney over a person but that was only while the person was living. That person (deceased) wasn't able to communicate with the doctors or make decision.It was like a living will.Once the person passed away your power of attorney stopped. Not unless you are the executor of the estate listed in that person will your duties are over.Talk to an attorney for sound advices.
2006-08-24 10:15:09 · answer #2 · answered by nanaofthree 4 · 0⤊ 0⤋
Generally: Power of atty confers upon the designated atty in fact the power to do anything the person executing it could do. It can be of limited specific duration or it may be durable, in which case it ends/terminates at death. Once the person executing it dies, the power of atty terminates and a decedent's estate should be opened unless small estate/informal probate proceedings are available.
Upon death, if the former power of atty is not the executor, his/her authority to act for the principal ceases.
*Laws may differ by state.
2006-08-24 10:10:16 · answer #3 · answered by Mr. October 4 · 0⤊ 0⤋
NO -- NO - it stops at the time of death of the principal. The executor of the estate as provided for in their personal will then takes over.
2006-08-24 11:31:31 · answer #4 · answered by sglmom 7 · 0⤊ 0⤋
No. Any power of attorney ends on the death of the principal. The power may ratify acts done after death if the principal has not had notice of the death.
2006-08-24 10:18:27 · answer #5 · answered by thylawyer 7 · 0⤊ 0⤋
No, it's a principal-agent relationship. It stops on the death of the principal. Then decisions are made based on probate law.
2006-08-24 10:10:29 · answer #6 · answered by blah 4 · 1⤊ 0⤋
No, once they die you're done and the executor of the estate runs the show.
2006-08-24 10:38:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i dont think so, not 100% sure tho good question
2006-08-24 10:09:40 · answer #8 · answered by asd_5_98 2 · 0⤊ 0⤋
No, absolutely not, is the correct answer!!!!!
2006-08-24 10:11:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋