California  |  Wills and Trusts

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12/19/11, 2:21 am

Legal Question


Does the grantee of power of attorney handling funds for an elderly married couple need to have a new power of attorney to handle death certificates and life insurance for the surviving spouse? My mom and dad granted my uncle (her brother) power of attorney in late May to handle their funds (dad is now deceased) by way of being a favor to make life easier. They were then put in a retirement home, and shortly after that dad dies. The hospital affiliated with the nursing home where dad passed away gave my uncle a copy of the death certificate. He contacted dad's life insurance company and received the claim and now has it in his possession. Mom didn't grant a new power of attorney for it. She had no idea (and really didn't think about it) that he was doing this. It looks like he just transferred POA to the death certificate. Previous attorney responses indicate that power of attorney ceases when someone passes away. My guess is that he didn't have authority to obtain the death certificate? And if not, who does in that situation? As I've said previously to those familiar with the situation, is that he in my opinion is not handling the POA properly by not keeping mom informed. Hopefully this isn't too complicated or muddled.


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