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Power of Attorney
What is needed for my brother to show he is Power of Attorney over my ill father?

What is needed for my brother to show he is Power of Attorney over my ill father?

Full question:

Our father is in assisted living care. My brother that is appointed executor to his will needs to show he has power of attorney as stated in our fathers will. We need proof that he is power of attorney for our father. What do we need to prove that besides what is stated in our fathers will and and how do we get it effective now?

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

Answer:

Typically, the power of attorney document must be produced when requested. Mention of the document in another document may be used as evidence of its existence, but it will be an evidentiary matter for the court to determine its existence. If the father has the mental capacity
to understand his actions, he may create a new power of attorney. Otherwise, you may check at the county recorder's office to see if the document may have been filed there. Please see the lost will link below for suggestions related to locating a lost document.

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 more powerful, a will or power of attorney?

A power of attorney (POA) is generally more powerful than a will while the principal is alive. A POA allows someone to make decisions on behalf of another person regarding financial, legal, or medical matters. In contrast, a will only takes effect after a person passes away and outlines the distribution of their assets. Therefore, a POA is crucial for managing affairs during a person's lifetime, while a will governs what happens after death.

Does a will override a power of attorney?

A will does not override a power of attorney because they serve different purposes. A power of attorney is effective during the principal's lifetime for decision-making, while a will only takes effect after death. However, if a principal revokes a power of attorney in their will, the POA would no longer be valid after the principal's death. It's important to ensure that both documents are consistent to avoid confusion.

How powerful is the executor of a will?

The executor of a will has significant authority to manage the deceased's estate. They are responsible for settling debts, distributing assets according to the will, and handling probate proceedings. Their power is limited to the estate and does not extend to making decisions on behalf of the deceased while they were alive. Executors must act in the best interest of the estate and follow legal procedures.

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

A legal power of attorney cannot make decisions regarding the principal's personal matters if they are deemed incapacitated, such as marriage or divorce. Additionally, a POA cannot make decisions that require the principal's consent, such as certain medical treatments if the principal is capable of making those decisions. Lastly, a POA cannot make decisions that are against the law or outside the scope of authority granted in the document.

Which is better, power of attorney or will?

Neither a power of attorney (POA) nor a will is inherently 'better'; they serve different purposes. A POA is essential for managing affairs while a person is alive, allowing someone to make decisions on their behalf. A will is crucial for distributing assets after death. Ideally, both should be part of a comprehensive estate plan to ensure that a person's wishes are respected during life and after death.

Can an executor of a will appoint a power of attorney?

An executor of a will cannot appoint a power of attorney for the deceased because a POA is only valid while the principal is alive. Once a person passes away, the executor's role is to manage the estate according to the will. However, the executor may need to act on behalf of the estate and can make decisions regarding the estate's assets and debts.