Losing a loved one is undeniably a challenging time, and dealing with legal matters like power of attorney can further complicate matters.
If you are wondering how to get power of attorney after the death of a family member, you’ve come to the right place.
There have been numerous debates on whether or not the power of attorney can still be exercised after the principal’s death. If possible and legal, how do you get the power of the attorney after the principal’s death?
In any case, such matters are critical, and you need expert guidance. At
Boca Raton wrongful death attorney can provide the necessary legal expertise and assistance you need after the death of your loved one.
How to Get Power of Attorney After Death
The POA becomes invalid after the principal’s death. This is because the authority granted under a power of attorney ends upon the principal’s death.
At this point, the legal authority shifts to the executor or administrator of the deceased person’s estate, as appointed by the court.
While power of attorney after death is not possible, legal mechanisms are in place to address financial and legal matters. These mechanisms ensure that the deceased person’s affairs are properly managed and their wishes are fulfilled.
What Is the Power of Attorney?
A POA is a legal document that allows an individual the authority to act on behalf of another person in financial, legal, and personal matters.
The POA is typically used when the individual giving the power of attorney (referred to as the “principal”) is alive but unable to make decisions due to physical or mental incapacity.
The appointed person (attorney-in-fact or agent) makes decisions and acts in the principal’s best interest.
Difference Between an Executor of a Will and a Power of Attorney Agent
The executor of a will and a power of attorney agent have important roles in estate planning, but they have distinct responsibilities and functions.
An executor is named in a person’s will and is responsible for carrying out the instructions and wishes outlined in the will after the individual’s death.
This includes distributing assets, paying debts, and handling legal matters related to the estate.
An individual appoints a power of attorney agent during their lifetime to make financial or healthcare decisions on their behalf if incapacitated.
The agent has the authority to act on the person’s behalf while the person is alive but unable to make decisions for themselves.
Legally, Who Can Act on Behalf of the Deceased?
When someone passes away, there must be someone with the legal authority to act on their behalf.
-
With a Will
With a will in place, this process becomes much clearer. The executor in the will will have the authority to manage the deceased’s estate and ensure that their wishes are carried out.
However, simply having a will is not enough; it must also be filed before the probate court. In some cases, the executor may need to petition the court for confirmation of their role.
Once confirmed by the court, the executor gains the authority to handle the estate. This may include paying off any debts, selling property if necessary, and distributing assets according to the instructions laid out in your will.
-
Without a Will
When an individual passes away without leaving a will, the court appoints someone to oversee the management of the estate.
The distribution of the deceased’s property is per the state intestacy laws. It prioritizes children, spouses, and other eligible close relatives. The court selects an administrator, often the next of kin, to manage the estate’s affairs.
This administrator will settle outstanding debts and taxes and distribute the remaining assets under applicable state laws.
What To Do After The Death Of A Principal
Following the passing of a loved one, it’s important to take certain steps to ensure their affairs are handled correctly. Here’s what to do next:
Notify Relevant Parties – It’s important to inform the principal’s agent and other concerned individuals of their passing.
This could be done through written letters or emails, depending on the relationship. Professional agents may require documents like a death certificate, essential for various legal procedures.
Consideration of POA – The family can contest any actions the agent takes after the principal’s passing, as the agent’s authority ceases upon the principal’s demise.
Initiating Probate – Regardless of the presence of a will, the probate process is essential for transferring the deceased’s property to their heirs.
State intestacy laws dictate property distribution without a will, which may not align with the deceased’s wishes.
Managing Accounts – Upon the principal’s death, their bank accounts, investments, and credit cards become inaccessible. The agent can no longer manage these accounts even with authority from a financial power of attorney.
Vehicles and other assets cannot be transferred or sold until probate is over and the executioner is granted authority over the estate.
Document handling – A valid power of attorney may grant access to essential documents like Social Security information and tax records. But it’s only valid up until the principal’s death.
Family members will need authorization from the probate court to access these documents for settling the deceased’s affairs.
Conclusion
If you were wondering how to get the power of Attorney after death, you now have your answer. It is not possible. Once the grantor dies, the power of attorney becomes invalid.
If the deceased had a will, the person named as an executor will divide the assistance and finalize other pending matters.
Where there is no will, the court will take charge, and state intestacy laws will govern the asset division.
In any case, it is important to seek professional advice from an attorney specializing in estate planning and probate to assist in the process.
