Legal Question in Wills and Trusts in California
Regarding Power of Attorney. My sister was appointed power of attorney on behalf of my father due to his decline in health. I was told that her "power of attorney" authority seized as soon as my father passed away. Is this the standard ruling in California? Also, why are all previous benefits (pension and retirement plan) become null and void and not pass or transfer over to his spouse? Please advise.
Thank you.
2 Answers from Attorneys
Yes, a power of attorney is only effective to do such acts as the person could do themselves. Upon death the person can do no acts and therefore the power of attorney terminates. Different pension and retirement plans have different benefits. Usually the do transfer to the spouse to some degree, or have a death benefit, but not always. You should contact the plan administrators for details.
"Ceased," not seized.
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