Does his wife have to give me power of attorney? 4 Answers as of July 20, 2015

Earlier this year my son died after a 3 year battle with brain cancer. Prior to his death he had fought with the military to get his medical discharge from the Marine Corps reserves following a diagnosis of diabetes. For 13 years he tried to get this resolved to no end. When he was no longer able to handle his affairs my daughter in law asked me if I would assume the challenge on his behalf, which I gladly did. If you've ever dealt with the military you understand that it's a very frustrating undertaking. I have managed to get a request in with navy records to have his discharge resolved. I even spoke to someone regarding his case several months ago. Today, the same person told me that I need to submit a death certificate and power of attorney before they will discuss his case with me. It is my understanding that a power of attorney is not needed when one dies. Does this mean that his wife has to give me power of attorney?

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WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
The simple answer is "yes". My deepest sympathies for your loss.
Answer Applies to: California
Replied: 7/20/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Powers of Attorney die with the person; therefore not even his wife can give one for him; only as to herself.
Answer Applies to: California
Replied: 7/13/2015
Law Offices of George H. Shers | George H. Shers
All powers of attorney end upon the death of a person, so you can not be given a power of attorney. The administrator of his estate is the only one who can act on his behalf.
Answer Applies to: California
Replied: 7/13/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
When the grantor of a P/A dies, the power dies also. Therefore, they must be asking for one from the wife.
Answer Applies to: California
Replied: 7/13/2015
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