Tuesday, March 4, 2014

If a brother of the deceased becomes the power of attorney over the deceased is he liable for any of the deceased's debts left behind?

Question

If a brother of the deceased becomes the power of attorney over the deceased is he liable for any of the deceased's debts left behind?



Answer

A power of attorney for a deceased person is automatically revoked as a matter of law when the grantor of the power of attorney dies. A power of attorney is not a substitute for a will or a trust.



Answer

Mr. Roach is exactly right, a power of attorney only grants the holder of the POA the power to do what the grantor could to themselves if they chose. Since a dead person can do nothing, there can be no POA for a dead person.



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