QUESTION

Hi my wife just passed away on the 13rh of June and she got out of the hospital and passed the next day her nephew popped up with a power of attorney

Asked on Jun 17th, 2020 on Civil Litigation - Delaware
More details to this question:
My wife passed away a day after she got out of the hospital and that was the 13th of June now today he popped up with a Letter of power of attorney
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I'm very sorry for your loss.  A power of attorney gives an agent the power to act for a living person.  it has no effect after death.  The power to act on behalf of your wife's estate would be determined by her will and by the court in a probate proceeding or, if there is no will, by the court in an administration proceeding (those are the names in NY, they might be different in Dalaware, but whatever these proceedings are called, they will determine who can act on behalf of your wife's estate, not a power of attorney).
Answered on Jun 18th, 2020 at 1:22 PM

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