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Power of Attorney
Can a Power of Attorney sell a deceased person's home?

Can a Power of Attorney sell a deceased person's home?

Q: What is a person who is legally designated to act on behalf of another individual called?

A person legally designated to act on behalf of another individual is called an attorney-in-fact or agent. This designation is made through a Power of Attorney document, which specifies the powers granted to the agent by the principal, allowing them to make decisions or take actions in the principal's best interest.

Q: What three decisions cannot be made by a legal power of attorney?

A Power of Attorney generally cannot make decisions regarding the principal's own medical treatment, create or revoke a will, or change beneficiaries on life insurance policies. These decisions often require the principal's direct involvement or must be handled by an executor after death.

Full question:

Person A named Person B general Power of Attorney. Person B had been caring for Person A who just recently became deceased. The Power of Attorney has a clause stating "This Power of Attorney is not affected by the subsequent disability of the principal." Person B is now wanting to sell the home in which Person A once lived in before they had died. The bank holds the deed to the home and the bank will not allow Person B to sell the home. Should Person B with Power of Attorney be able to sell the home?

Category: Power of Attorney
Date: 04/07/2025
State: Alabama

Answer:

No, the bank is correct. The Power of Attorney is no longer valid after Person A's death. The clause mentioned refers to situations where the principal is alive but disabled. A Durable Power of Attorney remains effective during the principal's disability but ends upon their death. Only the executor of Person A's will or the estate administrator (if there is no will) can handle the sale of Person A's home.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a legal document that authorizes one person to act on behalf of another?

A legal document that allows one person to act on behalf of another is called a Power of Attorney (POA). This document grants authority to the designated agent, or attorney-in-fact, to make decisions and take actions on behalf of the principal, who is the person granting the authority. The powers granted can be broad or limited, depending on the specific terms outlined in the document.

What is the penalty for abuse of power of attorney after death?

Abuse of Power of Attorney after the principal's death can lead to serious legal consequences, including criminal charges for fraud or theft. The agent may face civil liability for damages caused by their actions. Additionally, any transactions made after the principal's death may be deemed invalid, and the agent could be required to return any assets wrongfully taken.

What is a person who is legally designated to act on behalf of another individual called?

What three decisions cannot be made by a legal power of attorney?

Can power of attorney be challenged after death?

Yes, a Power of Attorney cannot be challenged after the principal's death because it becomes invalid at that time. Any actions taken under the Power of Attorney after the principal's death are considered unauthorized and can be legally contested. The estate will then be managed by the executor or administrator as per the will or state law.