Legal Question in Wills and Trusts in New York
Becoming Power of Attorney
How can My mother get power of attorney of an woman hospitalized with cancer and wont live for more two weeks. This woman was admitted last week and wanted my mother to have power of attorney and was willing to sign the paper work and a hospital social worker had stopped it and said that we should wait and now I think it may be too late for her to sign. She has a neice in portland oragon and a sister in Germany and her neice was susposed to come here but changed her mind and gave some excuse. Is there a way that my mom can still get power of attorney so that when her friend passed then she will be able to gain access to her finances to pay for her burial and take care of her unpaid bills.
2 Answers from Attorneys
Re: Becoming Power of Attorney
A power of attorney (POA) ceases upon death. Therefore, even if this woman is capable of signing the document it will not be enforceable to pay for burial, bills, etc.
Mike.
Re: Becoming Power of Attorney
I agree with Michael that the Power of Attorney becomes null and void when the giver dies. I am not sure what the ill woman wants to accomplish? If she just wants someone to handle her affairs after she passes away, she needs a Will, not a POA. She can have a Will that allows your mother to handle her affairs (she would name your mother as Executrix) and see that her assets, after all bills are paid, goes to her relatives, or whatever she desires. Or, perhaps, you might be confusing a POA with a Health Care Directive (Living Will)? Maybe she wants someone to act immediately, to get her affairs in order before she dies, in which case the POA is appropriate. An attorney should prepare the necessary document(s), to see they are appropriate to carry out what the woman wants.
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