QUESTION
My uncle was the POA for my grandmother and I am the Executor, what happens now?
Asked on Mar 23rd, 2020 on Estate Planning - Utah
More details to this question:
My uncle was my grandmothers power of attorney and I was named executor of her estate, unfortunately my uncle passed away I'm wondering what I need to do now. My grandmother is still very ill and going further down hill, I don't want to bother her with to much but would like to know where to go from here. If someone could give me some basic guidance it would be much appreciated, thank you.
1 ANSWER
2 Awards
If the Durable [Financial] Power of Attorney did not name a successor agent to your uncle, no one but your grandmother can handle her finances. There is an exception: if she is unable to manage her financial affairs or provide for her food, shelter and medical care, someone can apply to a court to place her under guardianship.
If your grandmother has a Medical Power of Attorney, the agent she appointed in that document can speak. If not, your state likely has rules on who can speak for her.
Someone who is named as executor in a Will has no authority to act until a court appoints her. A Will cannot be submitted to a court for probate (proving) until the person who made the Will is dead.
Answered on Mar 24th, 2020 at 5:08 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.