Legal Question in Wills and Trusts in Maine

Power-of-attorney

I recently received power-of-attorney for my brother who is terminally ill with a brain tumor. Does this power extend beyond the time of his death?

Thanks.

JAL


Asked on 6/13/05, 9:57 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Power-of-attorney

It is hard to know without referring to the exact language of the Power of Attorney what you have the authority to do, but it is commonly understood that a Power of Attorney will allow for the administration of affairs during a period of disability but not death. A Will should appoint a personal representative to administer affairs post-death. If there is no Will, the Probate Court can appoint a Personal Representative to do so. Evidence that the decedent trusted someone enough during their life to give them a power of attorney would likely give the Probate Judge good reason to approve their appointment as Personal Representative.

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Answered on 6/13/05, 10:09 am


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