Legal Question in Real Estate Law in Missouri
If I am the primary power of attorney for someone and I pass away would the power of attorney go to my spouse?
Asked on 9/27/10, 11:51 am
1 Answer from Attorneys
Anthony Smith
LawSmith
If teh Attorne in fact dies, then the power goes to the nxt person named in the appointing document. If no one is named, then there is no longer a POA. In that case, then person(s) willing to perform as attorney-in-fact would have to petition the probate court for an appointment as guardian and/or conservator. Therefore, if the Protectee (person making the appointment of POA) wants to avoid this scenario, they should appoint successor Attorneys in case the first one(s) die are cannot otherise serve.
Good luck
Answered on 10/04/10, 10:51 am