Legal Question in Wills and Trusts in California
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.
2 Answers from Attorneys
Hi. Thank you for your question. It's a good one. There are important parts of this situation that need to be known before giving you legal advice. Yes, whatever powers your father gave to another person, ended when your dad passed away. If your dad gave those powers to your uncle, your uncle's powers to handle YOUR DAD'S AFFAIRS died when you dad died. The death certificate is public record. Is your mother competent to handle her own affairs? It sounds like she also give your uncle power of attorney to handle HER affairs. Depending upon the wording of the power SHE gave your uncle, and what he is doing, he might be acting properly. If your mom is competent, she has the legal right to revoke the power of attorney SHE gave your uncle. I do not know whether or not doing so would be wise at this time, as I'd need more information. I would need to know the ways your uncle is not keeping your mother informed and I would need to review the power of attorney before giving an opinion.
If I can help, feel free to call me directly. I'm just across the 'hill' from you. Roberta Avrutin, Esq. 323.653.3900
The person with authority to deal with insurance and the death certificate would be dad's next of kin. The person authorized to make a claim on the insurance would be the beneficiary. That presumable would be your mom for both, not your dad. So the expiration of your father's grant of a POA to your uncle is irrelevant to those issues. Your mom is still alive. Your uncle holds her power of attorney, which is still in effect. Whether the power extends authority to do what he is doing, depends on the exact terms of the POA, but your mother's POA granted to him is still in effect.
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