Legal Question in Family Law in Florida
general durable power of attorney
my daughter passed away and left me a notarized power of attorney. I have her 2 teenage sons...I have been trying to get their birth certificates but the health department here in Ocala, Florida tells me that it is no longer binding after her death. Is this true?
2 Answers from Attorneys
Re: general durable power of attorney
True. POA's terminate upon death. You need to start guardianship proceedings with court.
Re: general durable power of attorney
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A Power of Attorney ceases to exist upon the death of the maker. At that point you need to file the estate for probate. As to the children, you have to file for a guardianship if you want to take care of them.
Scott R. Jay, Esq.
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