Legal Question in Wills and Trusts in Florida
Is it wrong to become power of attorney
My father just passed away from severe dementia. the woman caring for him for dinners, cleans for 3 years. Has made herself executor and power of attorney to his will/estate. She also put her name on all his banking accounts.
Is this a conflict of intrest?
2 Answers from Attorneys
Re: Is it wrong to become power of attorney
As your father has passed away, at the time of his death the power of attorney is revoked as a matter of law. However, there are other issues in regard to the "caretakers" action. Questions regarding the time of the change of the will and your father's stage in dementia (capacity to sign a document) as well as undue influence. This fact pattern raises legal and personal questions that would best be answered in a telephone conference where I could obtain more information to give you a more detailed answer. My firm has both Florida and New York attorneys. If you want to set up a conference, e-mail me your phone number so I could discuss this matter in more depth.
Re: Is it wrong to become power of attorney
If your father has passed away, the power of attoirney is no longer effective. Only a personal representative of the estate can do what you describe. The PR is selected by the will or by the court if there is no will.
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