Power Of Attorney

Q: An elderly widow gives her eldest son power of attorney. The mother has health problems that may one day have her become incapable of making important decisions. Younger son is the official executor of the mother's estate. Younger son is considered far more mature and reliable that older son, which is why this was done. Older son lives with and off mother, despite the fact that he is in his 40s. Does the power of attorney cease at the moment of the mother's death?

A: -First, since the mother is still alove, there is no death estate and so there is no executor. A will can be changed tomorrow. Second, an ordinary power of attorney stops when the maker becomes incompetent to change it. A durable power of attorney survives physical or mental disability, and stops on death. You say older son is considered ... and younger son is considered ... By whom? Mother made the POA, and what she considers is of prime importance, not what someone else considers. -Depends on whether the power of attorney states that it is "durable." If it does not, the power does end with the death of the mother -Yes. It might even become invalid sooner, if the mother should become incompetent and the power of attorney is not considered to be "durable" under state law. -This answer is just plain wrong. A durable power of attorney does survive physical or mental disability of the maker, but it does not survive death.

Power Of Attorney

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