DOES THE DURABLE POWER OF ATTORNEY BECOME VOID UPON SOMEONES DEATH?

Attorney answers (5)

1. Licensed in NC

   

   Sabrina WintersPro

   Charlotte Estate Planning Attorney

   Contributor Level 10

   

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   Answered September 11, 2012 08:51. Yes that is correct. You will need to open an estate file to deal with her assets. You or the appropriate person will need to be appointed the fiduciary.

   The information is made available by Sabrina Winters, Attorney at Law, (publisher) for educational purposes only... moreThe information is made available by Sabrina Winters, Attorney at Law, (publisher) for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. There is no attorney client relationship between you and Sabrina Winters, Attorney at Law. The information provided should not be used as a substitute for competent legal advice from a licensed professional attorney retained in your state. less

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2. Licensed in NC

   

   Cheryl K. DavidPro

   Estate Planning Attorney

   Contributor Level 14

   

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   Answered September 11, 2012 10:23. This is True. The Power of Attorney ceases upon death. Now it's time to move to the next permission slip, the will. There are many different documents that serve as permission slips at different times. We have a Health Care Power of Attorney to make health care decisions while someone is living, a Durable Power of Attorney to make financial decisions while someone is living, a HIPAA form to speak to the doctor, pick up prescription and waive privacy on protected medical information, a Living Will, to make end of life, life support decisions, and a Will to handle the property in the estate after death according to the decedents wishes.

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3. Licensed in NC

   

   Michael Gorenflo

   West End Estate Planning Attorney

   Contributor Level 9

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   Answered September 11, 2012 12:42. Yes...however to the extent that you are also authorized to act as health care agent, you are authorized to make decisions regarding funeral and disposition of the body.
   Mike

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4. 

   Michael PotterPro

   Las Vegas Estate Planning Attorney

   Contributor Level 16

   

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   Answered September 11, 2012 11:20. Upon the death of the person granting the Power of Attorney to another the 'Durable' part (which pertains to that person being incapacitated but not deceased) comes to an end. From that point forward, the Executor of the deceased's Estate or the Trustee of their Living Trust will be responsible. I'd recommend you discuss this with an Estate Planning attorney.

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5. 

   Joseph PippenPro

   Largo Estate Planning Attorney

   Contributor Level 20

   

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   Answered September 11, 2012 16:51. Yes-all POA's are void upon death.
   It would be a criminal act to use one
   for self benefit after death or even
   while the person is living.

   The answer given does not imply that an attorney-client relationship has been established and your best course of... moreThe answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. less

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