2007-03-01 21:26:31 · 24 answers · asked by candy pops 1 in Politics & Government ➔ Law Enforcement & Police
no, power of attorney is for someone who deals with the best inerests of a person. Does not necessarily mean you are even in someones will
2007-03-01 21:30:01 · answer #1 · answered by Jizz 2 · 3⤊ 0⤋
Heavens to Betsy, NO. Whatever gave you that idea? Also, in reading some of the previous answers, they are very wrong. A Power of Attorney is null and void when the person who gave the powers passes away. And, an executor only carries out the terms of the will when it is probated. Not sure I touched all bases, but those are some of the errors. If in doubt, check with an estate law attorney (or any other attorney for that matter).
2007-03-05 09:49:13 · answer #2 · answered by Sunshine 6 · 0⤊ 0⤋
No. And just what does the Will say? If, for example, you had power of attorney and the person died with a Will and named an executor then your power of attorney is no longer valid and has no meaning under the law. The named executor would have the power to carry out the Will as it is written. If the person died without a will, even then it would be up to a probate Judge as to who would be in charge. Usually the next of kin has priority and would be named by the Judge as personal representative.
Unless the power of attorney holder is also the named executor, that would be the only way.
2007-03-01 23:04:46 · answer #3 · answered by Anonymous · 1⤊ 0⤋
No it certainly does not. A power of attorney is a document whereby someone appoints you to administer their assets in the event they become incapacitated for some reason. If you take on this duty you are bound to act in the interests of the person, not your own interests. The power of attorney doesn't give you the right to take the person's property for yourself - you are allowed to claim out of pocket expenses but no more. Their will is totally different and is not related to the power of attorney which deals with their assets while they are still alive. Once they die the power of attorney would die with them and those named as executors in the will would begin the process of winding up the estate.
2007-03-03 10:29:57 · answer #4 · answered by Specsy 4 · 0⤊ 0⤋
NO, a power of attorney allows a person to act for another in legal and financial decisions only while that person is still alive. A power of attorney expires when the person who authorized it dies.
2007-03-01 22:44:54 · answer #5 · answered by WC 7 · 2⤊ 0⤋
You should have some written record of you receiving power of attorney. Read it. It may or may not have specific limitations on it (like "medical power of attorney"). Any questions, take it to a lawyer.
2007-03-02 22:47:48 · answer #6 · answered by Kilroy 4 · 0⤊ 0⤋
Power of Attorney means you control whatever the document states, not that you are the owner of the items you are controlling. If the will lists you as one of the inheritors, then you get it, or if you are the next of kin and there is no will. Hope this helps!!
2007-03-01 21:35:57 · answer #7 · answered by roritr2005 6 · 1⤊ 0⤋
No. Power of Attorney means you have to see that all the deceased wishes in a will are carried out.
2007-03-03 05:23:06 · answer #8 · answered by Anonymous · 0⤊ 1⤋
No it does not. having power of attorney just says you can act for the person that has given you power of attorney over him/herself.
that has no bearing on a will if someone passes
2007-03-02 17:59:30 · answer #9 · answered by richard s 2 · 0⤊ 0⤋
No. A power of attorney authorises you to act on behalf of the grantor of the power only to the extent specified in the power of attorney. It has absolutely nothing to do with the grantor's will or estate and a POA terminates on the death of the grantor. At that stage his executor is appointed in terms of the grantor's will.
2007-03-01 21:32:35 · answer #10 · answered by Tsotsi 3 · 2⤊ 0⤋