If someone had POA over my dad since he passed is POA still in effect?

2 answers | Last updated: Sep 15, 2016
Medleboi asked...

My father gave POA to someone when he became angry with me for not getting his motorized scotter, she keeps saying things she is going to do when he passes. He passed this morning does she still have the POA over him or since he passed does the POA she has give the right to make decisions about anything concerning him.

Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

My condolences on your father's death and in this complicated time.

The powers and responsibilities an agent has under a POA end at death. So unless the woman named has been given the legal rights to deal with your father's property in some other document "“ such as a will, trust or transfer on death designation "“she should not be acting or interfering with your father's property.

From a practical standpoint, you will likely have to act quickly to prevent her from taking action, though. Your first order of business will be to ask her to produce any authorizing documents she may have. If it's only a POA, you may need to explain that the powers under it no longer exist"”or get someone else such as an attorney to explain the document's meaning to her. If your father hired an attorney to produce the POA, he or she should be willing to do this, free of charge.

If the woman insists on dealing with your father's property in a way that is unauthorized and feels wrong to you, you may even need to take the somewhat drastic step of getting a legal document, such as an injunction, to stop her.

But first be sure you check out the situation thoroughly. It sounds as if you have had somewhat unsatisfactory dealings with this woman in the past. But if she is well-meaning and a trusted confidant of your father's, there may be a way that you can work together to wind up his estate. At such times, a willing pair of hands can be a real help.

Community Answers

Colette51 answered...

Please accept my condolences on the loss of your father. I have been in your shoes.

Since your father was wise enough to draw up a durable POA, he may have been wise enough to draw up a will with a named EXECUTOR or EXECUTRIX. This person takes the place of the one who held POA.

Consult an attorney versed in probate law in the state where your father died to ask specific questions, and to probate the will if it has no do been done.