Legal Question in Wills and Trusts in Maine
Final Arrangements
I have been appointed Power of Attorney (Financial and Healthcare) for an elderly person (father-in-law...only son deceased). I am not executor of the will, nor am I earmarked for any part of the estate.......(all goes to grandchildren.)
However, because I have been his caretaker/guardian for some time .....this person expects me to make his funeral arrangements. Will I have the authority to do this upon his passing or is there something that would prevent me from doing so. What would we have to do to make this possible. Would something in writing be acceptable.
Thank You
1 Answer from Attorneys
Re: Final Arrangements
Final resting arrangements can certainly be made during life. Many funeral homes encourage this practice and may offer discounts for pre-paid services. Although I have not reviewed the provisions of the Financial Power of Attorney you hold, it likely permits you to do this during the life of your Father-in-Law.
However, upon his passing, if he has a Will, its terms will control as to who the personal representative will be and that person will have the authority to make the arrangements.
Depending upon the circumstances it may be possible for him to change his Will, but we would need to speak more specifically to determine if he has the capacity to do so. Feel free to call my office directly.
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