Legal Question in Wills and Trusts in Florida

Power of Attorney - Effective immediately

Does Power of Attorney remain in force after the death of the grantor? Does power of attorney enable a person to make funeral arrangements and handle financial and property matters after the death of the grantor? If there is no power of attorney, can the person's sister act on behalf of the person who dies if there is no spouse and a 20 year old child?

Asked on 8/20/07, 9:51 am

2 Answers from Attorneys

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Re: Power of Attorney - Effective immediately

POA's, even durable POA's automatically terminate at death. Upon death, probate laws take effect. A probate administration must be open in the court where the decedent resided. You can petition to be appointed personal representative. This will give you the powers (and responsabilities) necessary to deal with the assets/estate. You might want to consult with an attorney to help guide you through the process or even deal with probate administration for you.

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8/20/07, 10:04 am
Scott R. Jay Law Offices of Scott R. Jay
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Re: Power of Attorney - Effective immediately

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. All Power of Attorneys die or cease upon the death of the maker. Any family member can handle the funeral arrangements providing there is no discord among the family.

After the death of a person, a probate must be filed to handle financial and property matters. A petition is filed and the court will appoint the personal respresentative who is then given Letters of Administration which gives that party the power to act on behalf of the estate for all matters subject to the court's approval.

Scott R. Jay, Esq.

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8/20/07, 10:23 am

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