The Power of Attorney Does Not Automatically Become the Personal Representative

What exactly do I mean about that?

Many of our past clients have called the office because they were frustrated. They were the Power of Attorney (hereinafter POA) for a loved one and now that their loved one has died they learned that their rights and responsibilities ceased to exist.

The reason this happens is because your rights and responsibilities of an executed and delivered POA to make decisions regarding property disappear upon death of the Principal.

"But what about the bills that need to be paid? There are still things that need to be taken care of!" Then somebody needs to be appointed Personal Representative by the County Court. "Well that should be easy. I was the Power of Attorney."

Not so fast. Generally, a person's Last Will and Testament nominates people to be the Personal Representative of the Estate. Those are trickier decisions to be made. There are more factors that go into it than deciding who should be your Power of Attorney for Property.

Let us know how we can help you walk through that process!

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