Stop Using a Power of Attorney Once Someone Has Passed Away
I’m talking about using a power of attorney after the person passes away. STOP DOING IT!
A power of attorney is a document where you appoint someone as your agent, called an attorney in-fact, to act as you.
A General Durable POA is for financial and legal purposes.
If it’s a Healthcare POA it’s to make healthcare decisions.
They are fantastic documents while the person in question is alive, BUT,
Stop using the Power of Attorney to access a bank account or do anything AFTER that person has passed away.
You cannot do it.
Plus, you make the Clerk of Court really mad. They are trying to make sure the estate is probated properly.
So, what document should you use after someone has passed away?
You should use The Will.
The Will is where someone qualifies to be the executor of the estate, this gives them the ability to access accounts, property and titles after the person has passed away.
The Power of Attorney however, ceases to exist after the person dies. You should stop using it at that time.
If there is no Will, you can qualify as the administrator of the estate, and do an estate administration.
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I’m Greg McIntyre of McIntyre Elder Law. Call me if you have any concerns about Powers of Attorney or Wills and the use of them at 704-259-7040.
Greg McIntyre
Elder Law Attorney
