How to get power of attorney after person has passed away?

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How to get power of attorney after person has passed away?

Asked on August 17, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  You can not obatin a POA after a person passes away.  A POA is a document signed by the perosn for whom it is intended and it dies when th person dies anyway.  What you can do is to be appointed as the fiduciary (generally called the Personal Representative) of that person's estate if they dies without a Will.  If they had a Will then there should be a names "Executor" therein.  Good luck.  


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