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John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Legal
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Experience:  Over 12 years experience - Mid South Super Lawyer
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For the State of Connecticut I was under the belief that

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For the State of Connecticut: I was under the belief that a Durable Power of Attorney document would be in effect after the spouse's demise and not just while he/she was incapacitated;   therefore, eliminating Probate. Am I incorrect in this assumption? I thought the point was to eliminate Probate.  &nb sp;                                                                         If that is not the case, am I to, therefore, assume the difference between a Durable Power of Attorney and a General POA is the POA is only good for as long as he/she is of sound mind and/or health and the Durable POA is good for only as long as the person is alive but of unsound mind and/or health, but that it does not continue after death? Looking forward to your response. Thank you.
Submitted: 8 years ago.
Category: Legal
Expert:  John A. Flynn, Esq. replied 8 years ago.

You are incorrect in that assumption. A durable POA allows the person with the POA to act on behalf of the person who made it out even when they become incapacitated (placed in a nursing home or mental facility). POAs do not survive death. Your latter statement is correct. In many states, however, an expedited process exists called a "small estate affidavit" which is MUCH quicker, cheaper and easier than going through a probate action. I recommend you search on for an attorney in the county where the decedent resided and who specializes in probate. Ask them about expedited probate or "small estate affidavits" and whether this case qualifies. Good Luck,


John Flynn


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