Is there any good reason for an attorney to share power of attorney with a family member?
Sunday, December 6th, 2009 at
11:29 pm
Can an attorney use power of attorney to his own personal advantage upon the death of a person Buy Viagra Online over matters of the deceased’s estate?
No and if proven, the attorney could be disbarred or even sent to jail.
As far as I am aware, a power-of-attorney isn’t in effect anymore once a person dies. Then the executor of the estate takes over. By the way, the holders of the power-of-attorney and the executor of the estate are supposed to uphold the law and not be self-serving (ie. they are supposed to be upholding the best interest of the client and/or deceased and not unjustly enriching themselves).
You need a very good lawyer.
http://en.wikipedia.org/wiki/Power_of_attorney
http://www.post-gazette.com/pg/07245/814095-84.stm
uh…no because a POA ends with a person’s death.
If you are talking about acting as executor of an estate, it certainly happens; but estates are overseen by court review; risky business
Power of Attorney DOES NOT ALWAYS END WITH THE PRINCIPAL’S DEATH.
It depends on the stipulations of the Power of Attorney document.
If the POA states that the authority continues upon death, then it continues.
Why can’t you people understand this?
It’s not rocket science.
No, there is no real reason to appoint an attorney as attorney-in-fact under a power of attorney, that position is usually filled by a family member. Unless the document specifies otherwise (which they rarely do because there is no reason for them to), authority under a power of attorney ends with the principal’s death, but an attorney or anyone else could take advantage of a power of attorney to misuse the person’s assets while they are alive, although they are legally not supposed to; that’s why you should never give power of attorney to anyone that you don’t 100% completely trust, whoever they are. The same goes for whoever you appoint as executor in your will, which takes over after you die.