Is there any legal recourse if the person who is named as health surrogate/power of attorney does not carry out the specific

Asked over 2 years ago - Bradenton, FL

wishes of the deceased. Also a new will was drawn up 2 days before the deceased passed away.

Attorney answers (5)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The POA and HCS both became void upon death. The wishes in the will would have to carried out by the appointed PR.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Douglas Ron Coenson

    Contributor Level 14

    3

    Lawyers agree

    Answered . As Mr. Pippen stated, the Designation of Health Care Surrogate and Power of Attorney automatically expired when the decedent passed away. The Will, assuming it is valid, would now take effect. The Personal Representative named in the Will is responsible for administering the affairs on behalf of the decedent, in compliance with the law. If you are a beneficiary and believe that the will is invalid, you would have the difficult burden of proving that in court. A new will drawn up 2 days before the decedent's passing is valid if it was executed according to the Probate Code.

    Douglas R. Coenson, Esq.
    coensonlaw@juno.com
    (561) 315-2120
    Jupiter, FL

  3. Dana Laganella Gerling

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . The Power of Attorney and Health Care surrogate are no longer valid after death. If you feel that the Will was the product of undue influence on the part of the beneficiary named in the Will, you could possibly have the will determined invalid. You will need the help of an Estate Attorney to guide you through the process.

  4. Kenneth Mac Bracewell Jr.

    Contributor Level 9

    2

    Lawyers agree

    Answered . If the breach occurred during the lifetime of the principal, it is possible that a claim in the name of the estate or beneficiary thereof survives death. It would depend on the nature of the breach. You may wish to consult an attorney to determine the specific recourse that may (or may not) exist.

  5. Steven J. Fromm

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The will controls and the other documents are void at death. Get an estates attorney involved if the will was drawn under suspicious circumstances.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336, his email address is sjfpc@comcast.net , for more tax, estate and business articles visit his website www.sjfpc.com. and blog

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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