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DEALING WITH A DEATH I NEED ANSWERS IMMEDIATELY . ONE OF MY SISTERS CLAIMS TO HAVE A POWER OF ATTORNEY AND WON'T LET US SEE HIM

Bakersfield, CA |

Our father passed away on Monday and she doesn't want a funeral . the Friday before he passed she was advised by law enforcement that the power of attorney she had did not give her the authority to keep us (certain children) from seeing him. After he died on Monday mysteriously she has obtained the proper paperwork. but she will not show any one of us the legal documents. what can I do to stop her from burying him before we find out

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Attorney answers 3

Posted

You need to file ex parte for relief with the probate court. Contact a local probate attorney immediately. You don't have time to try this on your own.

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Asker

Posted

Thank you so much !! I just needed some sense of direction

Posted

I agree with Mr. Shultz. This is a matter which needs to be addressed immediately. You need an attorney to take the appropriate action before it is too late.

I am very sorry for your loss and the ongoing difficulties occasioned by your sister's actions.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

Go see a probate lawyer immediately, Do not waste time on this online forum. You need more than we can provide you.

By the way - a Power of Attorney terminates upon death. Your sister's POA, even if she had one, is worthless now.

Charles Adam Shultz

Charles Adam Shultz

Posted

That's not entirely accurate. It sounds like they are refering to an adcance health care directive. Such directives can give the power ro dispose of remains following death. General power of attorney over property expire on death. Those documents do not convey power during life or death over a person and medical issues.

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