QUESTION
I have POA over my mother's health. Which of us has the right to file a lawsuit?
Asked on Apr 17th, 2013 on Personal Injury - California
More details to this question:
I have a power of attorney over my mother’s health. I know once she died, the Power of attorney is no longer valid. I am trying to sue the company which caused her death but I have a disagreement with my sibling. He has a lawyer but I have POA over our mother’s health. Which of us has the right to file a lawsuit?
15 ANSWERS
You each have an equal right to sue for yourselves and her. But, it would make more sense if you sued together. I can help you find a good lawyer to sort it out.
Answered on Apr 29th, 2013 at 8:25 PM
Ronald A. Steinberg
typically, a POA terminates upon the death of the person. Someone must go into Probate Court and be appointed to act on behalf of your mother's estated. The Representative can hire the lawyer. The one who is pushing the lawyer is probably expecting something from the lawyer. Get a referral to someone competent.
Answered on Apr 25th, 2013 at 9:43 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Once you mother died, the Power of Attorney she gave you is null and void. You are not able to use the POA to do anything further. You and your brother and other siblings typically have the right to make a wrongful death or other death claim on behalf of your mother. You should get a consultation with an attorney to discuss the particulars of the case.
Answered on Apr 19th, 2013 at 1:32 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You don't you're part of attorney died when your mother died.
Answered on Apr 19th, 2013 at 1:31 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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A representative of the estate must be appointed by the probate court. Until you or your brother are appointed to represent the estate neither of you have authority once your mom passed away.
Answered on Apr 19th, 2013 at 1:31 PM
Either of you. The POA for medical decisions isn't a factor.
Answered on Apr 19th, 2013 at 1:31 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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A wrongful death suit is brought in the name of all heirs. The POA is irrelevant. If you both file a suit, they would likely be consolidated by the court, usually the first case filed becomes the controlling case.
Answered on Apr 19th, 2013 at 1:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Neither one of you at the moment. Somebody needs to move to be your mom's guardian and the guardian can sue on her behalf.
Answered on Apr 19th, 2013 at 1:30 PM
James Eugene Hasser
In Alabama, the estate has the right to sue. Whoever is in charge of the estate will be the point man or woman. Exactly who you want in charge of the estate may be a strategic legal decision for the prosecuting lawyer to make. However, all monies received for the wrongful death case by-pass the estate and go directly to the heirs at law. So, there is no monetary advantage in being point man or woman.
Answered on Apr 19th, 2013 at 1:30 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Whoever is appointed The personal representative (or executor) of her estate has that right. If she had a will, the PR is normally named in the will. If she had no will, her spouse has first priority, followed by her children. If she has not will, it might be whoever files with probate court first. Even if he files first, you can object to his appointment. However, if there is a dispute between the two of you, and it is not clear who should handle it, the court might appoint a neutral 3rd party to be PR.
Answered on Apr 19th, 2013 at 1:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your power of attorney has no significance. The next of kin normally brings a lawsuit but must go to the clerk of court and be appointed personal representative of the estate (or if there is a will, executor)
Answered on Apr 19th, 2013 at 1:29 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas, either or both of you can sue, with the same lawyer or different lawyers. The power of attorney died with your mom and doesn't give you any additional rights; your right to sue is the same as your sibling's.
Answered on Apr 19th, 2013 at 1:27 PM
You probably need a conservatorship over her.
Answered on Apr 19th, 2013 at 1:26 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Neither of you, yet. As you mentioned, once she died, the power of attorney was no longer valid. Your brother has a lawyer and you don't so he is one step ahead. If your mother had a will, then there was an executor named. But it is not automatic, the named person has to be appointed as executor by the court (in New York this is called Surrogate's Court, other states have different names). If she did not have a will, then someone has to be appointed as administrator of her estate, again this is done by filing a petition with the court. If your brother has already filed his petition, you can contest it. If not, you can file, maybe you will get there first.
Answered on Apr 19th, 2013 at 1:26 PM
Christian Joseph Menard
A wrongful death suit can be filed by any heir to the decedent. However, there can be only one award which must include all heirs. Each receives that amount he could reasonably have expected to receive from the decedent during the decedent's normal life expectancy.
Answered on Apr 19th, 2013 at 1:25 PM