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What happens if the person with POA dies?

Who will make decisions for my friend now that her son has died? She has no other family and has early stage dementia.
Status: Open    Jun 04, 2015 - 12:28 AM

Elder Law

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Jul 10, 2015 - 09:48 AM

There's an awful lot of confusion surrounding death the the POA. Let me clarify. The POA is a document that names an agent to make decisions for another. Let's assume the POA names son to be an agent for Mom. 1) When Mom dies, the son HAS NO MORE AUTHORITY. Death ends his power under the POA. 2) If son dies before Mom, the successor agent named in the POA document takes over. If there is not a successor named (as seems to be the case in the scenario above) then the mom has a problem. She can still execute (sign) a new POA giving a friend the authority, even if she has dementia. This is a tough call and I strongly urge you to seek counsel from an experienced elder law attorney.

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Jun 07, 2015 - 12:53 PM

You can go to your area aging agency and explain what has happened. They are experienced in these situations and they can obtain information from thei legal aid department.
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