Expert Advice When You Need It Most
Who should be the POA?My foster sister has a wrongful death suit against a hospital from her husband's death. Her children are trying to make it look like she is crazy. My foster sister spoke to the atty and he said that her son should stay the POA. The money that came in from his life insurance was taken by the kids and all is spent. She has told the atty that she wanted me as the POA and not to have any meetings with out her. He has had the meetings with her sister in law's boyfriend and her son with out her there and also told them that he thinks that her son should stay the POA. Does some one in the family need to be the POA? Attorney answers (5)
Reputation Level 15
Answered almost 3 years ago.
Family Law Attorney in Boston, MA.
The other Massachusetts attorney is correct. Your foster sister's husband cannot have a Power of Attorney because he is not alive. The appropriate person to bring a lawsuit for wrongful death on behalf of your foster sister's husband is the executor or administrator of his estate. I would advise you to speak with a new attorney.
2 people marked this answer as good
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
Add comment
Reputation Level 16
Answered almost 3 years ago.
Criminal Defense Attorney in Andover, MA.
I do not understand.
When a person dies, the POA dies with them. Only a court appointed executor or administrator can have the power to pursue the claim. Am I missing something? 1 person marked this answer as good
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
Reputation Level 16
Answered almost 3 years ago.
Criminal Defense Attorney in Andover, MA.
I do practice in Massachusetts.
1 person marked this answer as good
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
Reputation Level 20
Answered almost 3 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
My observation is that there may be some very valid reason, given the wrongful death lawsuit, for the Power of Attorney to remain, as your foster sister's lawyer says, with the son. I do not see it from what little information you post, but if you think you have some rights about something that are being violated, then contact a lawyer in your locale, talk things through (many in your area might do a free consultation) and put your mind at ease.
Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. 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. 
Reputation Level 20
Answered almost 3 years ago.
Litigation Lawyer in New York, NY.
I am having difficulty understanding your post. In my state a POA ends with death, and only the administrator ad prosequendum and/or executor of the estate can go forward with a wrongful death lawsuit. These suits are complicated and difficult to win, but many times the person who brings the suit has very good reasons for doing so. You might find my legal guide on medical malpractice helpful. If this is her husband, why did the money from the life insurance proceeds go to the children and not her? Was she a named beneficiary? Also the boyfriend has NO legal say in what is done with this estate. Why are her children managing something which she should be doing UNLESS she has been declared incompetent? She should sit down with a lawyer and get some answers.
LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information. Related Questions5 Attorney answers: 
Asked by a user in Crossett, AR - almost 2 years ago. 1 Attorney answers: 
Asked by a user in Castro Valley, CA - almost 3 years ago. 1 Attorney answers:
Asked by a user in Castro Valley, CA - almost 3 years ago. This Week's Top Construction ContributorsView all lawyers on the Construction LeaderboardFind Construction Lawyers |
