What rights do I have regarding a Durable Power of Attorney regarding my late mother’s affairs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights do I have regarding a Durable Power of Attorney regarding my late mother’s affairs?
I have a DPOA for my late mother which is very thorough. Does this let me handle all the affairs still? I don’t live close so I need to many things taken care while I’m here. The house on the market, pay some bills, etc.
Asked on April 21, 2019 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Powers of Attorney, including Durable ones, cease to exist or have any power when the person granting you that power (the "principal"; in this case, your mother) passes away. Only living people can have POAs. To have power over her estate and affairs once she passed away, you need to either be appointed her executor in her will (and submit the will for probate, and have your appointment confirmed by the court) or, if there is no will, have the probate court appoint you as the estate's administrator or personal representative (either term might be used). Contact the probate court in the county where your mother lived to inquire into being appointed, as applicable, executor or personal representative.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.