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

Bradenton, FL |

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

Attorney Answers 5


  1. 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 action is to have legal representation in this matter.


  2. 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. 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 and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  4. 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.


  5. 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.

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