What do I do if my mother has passed without signing over a power of attorney? 34 Answers as of October 31, 2013

I am trying to be placed as a power of attorney now that she is deceased.

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Law Office of Thomas C. Phipps | Thomas C Phipps
A power of attorney is good only while the person is alive.
Answer Applies to: Missouri
Replied: 10/31/2013
Stephens Gourley & Bywater | David A. Stephens
You cannot get a power of attorney for a deceased person. You will need to open an estate and act as her administrator.
Answer Applies to: Nevada
Replied: 9/16/2013
LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
In California, a power of attorney expires with the principal. It is no longer valid.
Answer Applies to: California
Replied: 9/17/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, a power of attorney document is only effective while the principal is alive, so if you mother has died then you cannot be her agent under a power of attorney. You may be referring to serving as personal representative for her estate, to manage her affairs after her death. If she has not designated someone in a will, then you may be able to petition the Orphans' Court/Register of Wills to administer her estate and serve in that capacity.
Answer Applies to: Maryland
Replied: 9/16/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It is impossible to get a power of attorney after someone dies. A probate estate must be opened.
Answer Applies to: Indiana
Replied: 9/16/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    Even if your mother had signed a power of attorney before she died, it became invalid the moment she passed away. A power of attorney ends at death. At this point, you would need to be appointed executor (if she had a will) or administrator (if she did not have a will) in order to take care of her estate.
    Answer Applies to: Ohio
    Replied: 9/16/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    A power of attorney is no longer valid once the person who signed the power has died. Even if your mother had signed a power of attorney, then, it would not help you now. It's not possible to tell you what to do now, without receiving more information. You may have to probate your mother's estate, or there may be a way around probate. The question depends mostly on the size of your mother's estate. You can do some reading on the subject of probate, you can talk to a lawyer who handles probate matters, or both.
    Answer Applies to: California
    Replied: 9/16/2013
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    Powers of attorney are only effective while the person is alive. So even if you had a power of attorney from your mother, it would be worthless now that she has passed. It sounds like you actually want to be named executor or administrator of her estate. For that, you have to submit a petition to the probate court. A local probate attorney can help you do that (and they can help you figure out if being named executor is what you really need).
    Answer Applies to: California
    Replied: 9/13/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    I think you have the terminology mixed up, because you cannot have power attorney over a deceased person. If you?re speaking of being the personal representative for her estate, once an estate is opened for your mother, the judge will name the personal representative at that time. You will need to retain an attorney to go into probate court (the division that handles estates) to proceed with being named the personal representative of your mom?s estate.
    Answer Applies to: Florida
    Replied: 9/13/2013
    Gates' Law, PLLC | Thomas E. Gates
    The power of attorney is only valid when she was alive. You need to be appointed the executor of her estate by the court.
    Answer Applies to: Washington
    Replied: 9/13/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    In light of the fact your mother is deceased, she no longer has the power to execute a power of attorney to anyone. Powers of attorney prepared during life, die when the maker of the power dies.
    Answer Applies to: California
    Replied: 9/13/2013
    Danville Law Group | Scott Jordan
    Unfortunately, now that she is deceased, you cannot be granted power of attorney since all powers of attorney cease when the granting person dies. If there bank accounts or property that needs to be transferred, you may have to file probate and be appointed administrator by the local probate court.
    Answer Applies to: California
    Replied: 9/13/2013
    Frederick & Frederick PLC | James P Frederick
    You are confused or have been misinformed. A Power of Attorney is only used for a living person. Once a person has died, any Power of Attorney terminates upon death. At this point, if there is an estate, you need to be named Personal Representative of the estate. That requires probate proceedings. It is a highly technical process and should not be attempted without the assistance of an attorney.
    Answer Applies to: Michigan
    Replied: 9/13/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    The estate needs to be probated.
    Answer Applies to: Michigan
    Replied: 9/13/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    A power of attorney is void upon death. Now that she is deceased, if she had assets in her name only without any non-probate beneficiary designation, you need to see an attorney.
    Answer Applies to: Missouri
    Replied: 9/13/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    Because a standard FL power of attorney terminates at death and states so in the document, we do not understand your question. A POA ends at death, and a will becomes relevant at that time.
    Answer Applies to: Florida
    Replied: 9/13/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Power of attorney dies with the principal. There is no point in being named power of attorney for a decedent. It is the personal representative of the estate who controls all the assets (if your mother had no will, then the administrator of the estate).
    Answer Applies to: Oregon
    Replied: 9/13/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Once a individual dies, the power of attorney terminates. Now that your mother is deceased you cannot obtain a power of attorney for her nor could you use it even if you had obtained it prior to her death.
    Answer Applies to: California
    Replied: 9/13/2013
    Douglas P. Barnes, A Professional Law Corp.
    Douglas P. Barnes, A Professional Law Corp. | Judith N. Douglass
    A Power of Attorney is only effective during one's lifetime.
    Answer Applies to: California
    Replied: 9/13/2013
    James Law Group
    James Law Group | Christine James
    Power of attorney is never valid after someone dies. If she left an estate, it will likely have to be probated. See a probate attorney to discuss the details. Most will give a free consultation. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
    Answer Applies to: California
    Replied: 9/13/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    A Power Of Attorney has to be signed by the person who is granting the power. Since that person would have to be your mother, a Power Of Attorney is no longer possible. Further, any Power Of Attorney which did exist prior to her death is no longer effective, as they terminate on death. The post-death method to deal with a deceased person's estate, depending on the state where she lived, the size of the estate and what the estate consists of, may be a probate proceeding.
    Answer Applies to: California
    Replied: 9/13/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If she's dead, its too late for a power of attorney. They expire at death. Consult a lawyer to file a petition for probate. (or simpler procedure if her assets are less than $150K).
    Answer Applies to: California
    Replied: 9/13/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Since a Power of Attorney is only valid while she is alive, there is nothing you can do now to be placed on her Power of Attorney. That document has no validity upon her death.
    Answer Applies to: Colorado
    Replied: 9/13/2013
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    You can't hold a power of attorney now that she has died. Any power of attorney ceases at death. The only thing you can do is get appointed as her personal representative by filing a petition in probate.
    Answer Applies to: Utah
    Replied: 9/13/2013
    Attorney At Law | James G. Maguire
    A power of attorney ceases to be valid on the date of death. To manage your mother's estate, you would have to qualify as the Administrator of the estate.
    Answer Applies to: Louisiana
    Replied: 9/13/2013
    Estrada Law P.C. | Michele Ungvarsky
    A power of attorney dies with the person who grants the power, thus, even if your mother had signed the document it would be inactive upon her death.
    Answer Applies to: New Mexico
    Replied: 9/13/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Powers of attorney are only effective during the person's lifetime. You will need to petition the probate court to name you the executor or personal representative of your mother's estate.
    Answer Applies to: Nebraska
    Replied: 9/13/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You can't get a power of attorney for a deceased person. Any powers of attorney executed beforehand would expire upon the death of the power grantor. If you want to control the deceased mother's estate, you would need to go through the probate process. The particular procedure is fact specific.
    Answer Applies to: Texas
    Replied: 9/13/2013
    The Krone Law Firm, LLC | Norman B. Krone
    Please note that a Power of Attorney does not apply to a deceased person. Your question does not set forth what you are attempting to accomplish. I recommend that you consult a local attorney to assist you in handling the matters that are of concern.
    Answer Applies to: Florida
    Replied: 9/13/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Now that she is deceased, the power of attorney is no longer effective. You need to open a probate estate for her and ask to be appointed the personal representative.
    Answer Applies to: Idaho
    Replied: 9/13/2013
    Doland & Fraade | Michael Doland
    A power of attorney would have expired upon your mom's death. Now you need to open a probate estate.
    Answer Applies to: California
    Replied: 9/13/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    A power of attorney dies with the maker, so even if you had one it is no longer valid. You need to consult a probate attorney.
    Answer Applies to: Nevada
    Replied: 9/13/2013
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    When a person dies, they no longer can give a power of attorney and any power of attorney they gave before their death terminates. What is likely needed at this point is a probate petition to have a personal representative of the estate appointed.
    Answer Applies to: Michigan
    Replied: 9/13/2013
    Victor Varga | Victor Varga
    You can't. POA's are only for living people.
    Answer Applies to: Maryland
    Replied: 9/13/2013
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