Legal Question in Wills and Trusts in Missouri
power of attorney.
my husband is listed as poa of his father in his will if he becomes mentally unable to handle his affairs. he is in a skilled nursing facility. does anything need to go thru court that certifies that my husband is the poa?
1 Answer from Attorneys
Re: power of attorney.
In thirty years I have never seen anyone use a Last Will and Testament to give someone a Power of Attorney. Perhaps your husband's father named him as the personal representative in the Will, which is an entirely different matter. I would need to see the Will to tell you anything specific, but, I can tell you that what he needed to do was sign a Durable Power of Attorney if he intended for your husband to manage his affairs during his lifetime. I would suggest that you have the Will reviewed by an attorney. If you do not already have an attorney, you may call me for a consultation.
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