Legal Question in Wills and Trusts in Alabama
Power of Attorney After Death
My father-in-law, who lives in Alabama, plans to enter a nursing home near my home in MS. later this year. He wants me to have power of attorney. He has six grandchildren, three from each of his two sons. My husband died in 1986. My father-in-law doesn't want to change his will, in which he appoints his son (my brother-in-law who lives in LA.)as executor. He wants me to make sure the grandchildren are treated fairly after his death, and he says the power of attorney will allow me to make any changes if necessary. He doesn't trust his son to carry out the fair division of the assets, but he wants him to have the opportunity to be fair.
My question is: Does the power of attorney ''die'' with him, or does it carry over after his death to see that his wishes are carried out?
Thank you.
1 Answer from Attorneys
Re: Power of Attorney After Death
A simple power of attorney will have no effect after your father-in-law passes away. In fact, it will be useless if your father-in-law becomes unable to manage his own business matters. On the other hand, a "durable power of attorney" will be effective during a period of incompetency.
You should use this time to develope an inventory of all valuable assets and accounts with the son who will become the executor. Also, take care that you do not put yourself in a position where the grandchildren might become concerned about your intentions. You may also help your father-in-law see an attorney to discuss his situation and ensure the old will still represents his wishes.
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