Legal Question in Wills and Trusts in Alabama

What is a Dual Power of Attorney?

My Aunt passed away and was in the care of my cousin. I and another person was named in the will and my cousin had dual power of attorney. She thinks that since she was responsible for signing her medical information that we should sell the house and pay her medical bill since she had dual power of attorney is this Correct?


Asked on 4/18/08, 3:38 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Re: What is a Dual Power of Attorney?

What you are probably referring to is a "DURABLE" Power of Attorney, not a DUEL Power of Attorney.

Once a person dies the Power of Attorney, no matter what kind, terminates. If the Aunt was the principal and your cousin was the agent and your aunt is now dead, your cousin's power no longer exists. The person to make decisions about selling assets would be the executor of the estate.

You might want to consult an attorney.

William Nolan

www.NolanElderLaw.com

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Answered on 4/18/08, 6:59 pm


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