What rights to I have under a power of attorney when the person dies?

Full question:

A year in a half ago my uncle was hospitalized because he had a stroke. His brothers are miles away so they appointed me power of attorney. My uncle's condition had gotten worse and he was admitted into a nursing home. He passed away a month later, leaving behind a house, car, and stocks and bonds. His brothers are not looking after his home and I promised my uncle I would watch over everything if something were to happen to him. When he passed on his home was paid for. What are my rights being that his brothers turned over POA rights to me? The state has stepped in and they have the house up for sheriff sell because the nursing home is owed $10,000.00. How can I stop this from going through? Thank you for your time.

• Category: Wills and Estates
• Date: 04/07/2025
• State: Pennsylvania

Answer:

Unfortunately, the powers granted under a power of attorney are lost when the principal dies. The power of attorney becomes ineffective.

What happens to the property of the deceased depends upon whether or not the person died with or without a will. If there was a will, the will would have to be presented to the probate court. An executor would be named based on the terms of the will. That person would have the power to dispose of property and settle debts, including health care bills.

Without a will, a person is said to have died intestate. Disposition of the person's property is decided by the intestacy laws of the person's home state.

If there is no will, or there is a will but the executor (or executors) named in the will is unable or unwilling to serve, the Register of Wills is required to issue "letters of administration" to the following persons (and with the following priority):

To those who are entitled to the residuary estate under the will (if there is a will).
To the surviving spouse.
To those intestate heirs that the Register believes will best administer the estate.
To the creditors of the estate.
To other fit persons.
To a nominee of any of the preceding persons who renounces his or her right to administer the estate.
To a guardianship support agency serving as guardian of an incapacitated decedent.

If there are creditors such as a nursing home making claims against the estate, heirs of the deceased may want to make sure the probate court is aware of the claim and that his or her interests are properly protected.

It may be beneficial to consult with a local attorney experienced in probate matters.