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
1 Answer from Attorneys
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.