Legal Question in Wills and Trusts in Tennessee

does the general power of attorney have to answer to answer questions from relatives after the person who they were POA for has passed away? What repercussions can be taken against a General POA

Asked on 9/11/13, 12:22 pm

1 Answer from Attorneys

Dan Scott Scott Law Group, PC

Once the Principal (the person granting the POA) dies, then the POA expires and is no longer effective. The only person that can then legally act on behalf of the principal who is now deceased is the personal representative of the Estate. Until an Estate is opened, no one is legally authorized to act or require the holder of the POA to answer questions.

Once the personal representative is appointed then that person can legally review transactions made for the principal using the POA. Any POA who acts outside the scope of the appointment or in violation of the appointment may be subject to suit. Any transaction in which the holder of the POA was a beneficiary, is subject to higher scrutiny. Except for that circumstance, any review is just based upon business judgment.

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Answered on 9/17/13, 9:39 am

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