Estate Lawyer

When planning for life’s uncertainties or managing affairs after death, two critical roles often come into play: Power of Attorney (POA) and Executor. While both involve legal authority to act on someone else’s behalf, they serve distinct purposes. Below is a clear breakdown of their differences, responsibilities, and when each is used. Quick Answer A…

In most cases, yes – a spouse can typically make medical decisions for their partner without a formal power of attorney document, but there are important limitations to this authority. How Spousal Medical Decision-Making Works Default Legal Authority In all 50 U.S. states, spouses generally have some degree of inherent authority to make medical decisions…

Changing your power of attorney (POA) is an important legal process that requires careful attention to detail. Whether you’re updating due to changed circumstances or selecting a more suitable agent, this guide provides clear steps to ensure your POA reflects your current wishes. Reasons to Change Your Power of Attorney There are several situations where…

No, a power of attorney (POA) agent is not personally responsible for the deceased’s medical bills. A POA is effective only during the principal’s lifetime and terminates automatically at death. Thus, medical bills incurred after death become the responsibility of the deceased’s estate, which is settled through the probate process. Understanding the Termination of a…

If an individual becomes incapacitated and does not have a medical power of attorney (POA), state law designates a surrogate decision maker—typically a spouse first, then adult children, followed by parents, siblings, and sometimes close friends. If no appropriate family member is available or if conflicts arise, the court will appoint a guardian. In emergencies,…

Yes, a durable power of attorney (DPOA) ends immediately upon the principal’s death. After death, the agent loses all authority to act on the principal’s behalf. Legal control transfers to the executor of the will or a court-appointed administrator if no will exists. Does a Durable Power of Attorney End at Death? Key Facts and…

Yes, an irrevocable power of attorney (POA) can sometimes be canceled, but only under specific legal circumstances. Unlike a revocable POA, which the principal can terminate at any time, an irrevocable POA typically requires the agent’s consent, court intervention, or proof of misconduct to revoke. What Is an Irrevocable Power of Attorney? An irrevocable POA…

No, an irrevocable power of attorney is not valid after the principal’s death. Like all types of power of attorney, an irrevocable POA terminates immediately upon the principal’s death and cannot override state laws that revoke agent authority post-death. What Is an Irrevocable Power of Attorney? An irrevocable power of attorney is a legal document…