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Does my brother's spouse have more rights than my power of attorney?

Does my brother's spouse have more rights than my power of attorney?

Q: Who can override a power of attorney in Florida?

In Florida, a power of attorney can be overridden by the principal (the person who granted the POA) if they are still alive and competent. Additionally, a court can intervene if there are concerns about the agent's actions or if the principal's rights are being violated.

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

A legal power of attorney cannot make decisions regarding the principal's will, vote on their behalf in elections, or make medical decisions if the principal has specified otherwise in a healthcare directive. Always check specific state laws for additional limitations.

Q: Can a power of attorney go to jail?

A power of attorney itself cannot go to jail, as it is a legal document, not a person. However, if the agent (the person acting under the POA) commits fraud or other illegal acts while acting on behalf of the principal, they could face criminal charges.

Q: How to revoke power of attorney in Florida?

To revoke a power of attorney in Florida, the principal must sign a written revocation document and notify the agent. It is also advisable to inform any institutions or individuals who were relying on the POA. A new POA can be created to replace the old one if desired.

Full question:

I have a power of attorney that my brother signed in 2011 when he went to jail in South Carloina He was released and kept me with the POA. He moved to Florida and has been there for the last 7 years. He past away on March 28th. I found out he was still married but they been apart for 14 years and living in different states. Do she still have more rights then my POA even tho they were not together and he did a durable POA

Category: Wills and Estates
Date: 04/07/2025
State: National

Answer:

The Power of Attorney (POA) you held ended when your brother passed away. Since he was still married at the time of his death, his spouse retains certain rights. To fully understand her rights, you would need to consider his Will, if he had one, or the laws of intestate succession if he did not have a Will. A divorce would be necessary to terminate her rights under these circumstances.

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

Can a power of attorney be retroactive?

A power of attorney (POA) cannot typically be made retroactive. It is effective only from the date it is signed. However, if the document specifically states that it applies to actions taken before the signing date, it may be considered retroactive. Always consult a legal professional for specific situations.