Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for the question. I am sorry to read of this dilemma.
The will has no effect on the power of attorney
until the person passes, the POA can act within discretion and per terms of the poa instrument
for best interest of the person
once person passes, the poa terminates
and then the executor carries out the terms of the will
Poa should not be gifting assets
and breach of fiduciary duty
Let me know if the answer is clear.
Can you please further explain "POA should not be gifting assets not allowed and breach fiduciary duty?"
Poa has to maintain the assets
he or she may not move assets unless the poa document expressly gives one that power
Gifting, transferring of assets is typically not allowed, not in the power of attorney authorization and not in his best interest
fiduciary duty refers to a duty to act in his best interest and the relationship of trust
Is that now clear?
Somewhat clearer. Do I have the right to ask the POA for a copy of those forms and does the POA have to comply?
it should be provided
if not provided on demand, a lawyer may do so
and a court may be asked to compel it
and require the poa to account.
I wish you the best
You have been very helpful. My concern is that Mom is not being treated with dignity and respect and her wishes not honored.
If I can clarify anything, please ask me
and having a lawyer locally intervene
meet with the poa
often helps resolve these concerns
and gets the poa acting more professionally and transperently
wishing you a very nice weekend. Kindly click on an excellent rating for the answer.