my aunt has died and my uncle is in no fit state to organize the funeral. things have got to be paid for and i,m the nearest relation, there is no exacutive named in the will any help. thanks
2006-09-13 00:33:10 · 14 answers · asked by The Boss 3 in Business & Finance ➔ Personal Finance
They have to be signed off by a doctor if they are incapable of handling there own affairs. Or if they are capable they can simple sign power of attorney over to yourself. An Enduring power of attourney is when they are incapable of handling their own affairs. As long as you are the nearest relation I see no reason why you cant get this sorted out pretty quickly.
I meant to ask even though he is your uncle is he a blood relation, the reason i ask is because although you may believe yourself to be his closest relation you might not be if he has a blood relation they would be closer than one related by marriage so you might want to check that out first. As they can quite easily put a stop to any power of attourney.
2006-09-13 01:05:29 · answer #1 · answered by Fox Hunter 4 · 0⤊ 0⤋
If this is just a temporary condition you would be better getting your uncle simply to give you some money to cover immediate expenses and just getting on with it. Your uncle can grant a power of attorney to you for the purpose of making the relevant funeral and related arrangements - forms are available in bookshops or online which would be suitable for this purpose, or you can see a solicitor. If your uncle's condition is permanent and you wish a longer-term arrangement then you should see a solicitor to ensure that there aren't any future disputes about his current mental capacity to grant it to you.
If there is no executor named in the will but a will exists then you can of course simply agree with the other beneficiaries that you will act as executor.
2006-09-13 07:50:49 · answer #2 · answered by Graham I 6 · 1⤊ 0⤋
A power of attorney ceases at death, the reason for a POA is to make medical decisions in the event the person is incapacitated, and is longer longer effective after the perosn dies. As long as your uncle agrees that you can make the arrangements, you don't need a piece of paper saying that, you just need to make the arrangements based on his wishes. As long as you are the next nearest and dearest, there is no problem, you can take charge. Talk your situation over with the funeral director. My sympathies to you and your family.
2006-09-13 08:38:51 · answer #3 · answered by Reagan 6 · 1⤊ 0⤋
The only way to get it is by seeing a solicitor. Your uncle will have to sign the power of attorney over to you if he is in no fixed state his doctor may be able to help. Sorry for your loss and good luck!
2006-09-13 07:46:40 · answer #4 · answered by castell 2 · 1⤊ 0⤋
it soulds like the POA your looking for is on the finances, if the account is held in both your aunt and uncles name then ur uncle can arrange for a solicitory to set up the POA on the account, the other option on the accounts is third party mandate which almost amounts to the same access rights. however i would have assuemed that the account would be frozen for the dealings of her estate and a solicitor would be dealing with this, speak to the bank that they bank with and they will be able to help, there a specific members of staff who deal with POA or third party mandate and with berevement.
im sorry for your loss i truley am, but always remember the good times that outshone the bad, mourn for yout aunt but always celebrate her life not dwell o her death x
2006-09-13 14:54:34 · answer #5 · answered by xrazberix 2 · 1⤊ 1⤋
You should talk to an atorney. You need "power of attorney" and also "executor" or "administrator" for later. The power of attorney is for handling affairs for your uncle now. The other two are for after his death. Power of attorney will not cover you after his death.
2006-09-13 07:47:39 · answer #6 · answered by old_woman_84 7 · 1⤊ 0⤋
You must contact a solicitor who will require a letter from your uncles doctor stating that he is unfit to handle your aunties affairs
2006-09-13 07:42:09 · answer #7 · answered by gillycat37 2 · 1⤊ 1⤋
Sorry for your loss but,seek advice through cab or a solicitor who specialises in that chosen sphere.
2006-09-13 08:27:22 · answer #8 · answered by edison 5 · 1⤊ 0⤋
You do this with a lawyer & It will cost about 100.$But,,once a person parishes,,power of attorney is no longer,, so,,Im sure that you can do this on your own anyhow ,,maybe with another family member.
2006-09-13 07:39:03 · answer #9 · answered by Anonymous · 1⤊ 1⤋
A lawyer can provide the form(s). Both you and your uncle must sign it. Don't know any further details.
2006-09-13 07:36:09 · answer #10 · answered by Anonymous · 1⤊ 1⤋