Posted by F2F/FL on 6/28/11 7:25am Msg #387991
I hope someone here can answer a question for me
If someone becomes ill and has a family member become their POA, does that POA give them the power to change the ill persons will, especially after the ill person has passed on?
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Reply by Linda_H/FL on 6/28/11 7:29am Msg #387992
Once the ill person passes on, that's a moot point
The POA is no long in effect.
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Reply by Linda_H/FL on 6/28/11 7:29am Msg #387993
Sorry...s/b "no longer in effect"... n/m
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Reply by F2F/FL on 6/28/11 7:35am Msg #387995
Re: Once the ill person passes on, that's a moot point
OK so can the person named POA have the will changed before the ill person died, to change the wording to how she wants the will to read?
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Reply by Lee/AR on 6/28/11 7:42am Msg #387997
Re: Once the ill person passes on, that's a moot point
Depends on POA terms, but doubt that changing a Will would be included.
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Reply by F2F/FL on 6/28/11 7:51am Msg #387998
Thanks for your help/plus one more question
Just getting a little confused when the family member (that was the POA) says that we are to meet with her attorney to sign the changes she is making to the will. She wants someone in the family out and someone else in. She must be talking about HER Will, pertaining to what she received (in or from) the dead family members Will. One more question if you don't mind. Where can a person get a copy of a Will of someone who has passed.
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Reply by Linda_H/FL on 6/28/11 7:54am Msg #387999
Re: Thanks for your help/plus one more question
"One more question if you don't mind. Where can a person get a copy of a Will of someone who has passed."
In FL, Probate Court where the Will was filed - IF it was filed. Would be the county where she resided at the time of death.
Or, to be sure, check with that attorney you meet with at your signing to make sure..
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Reply by F2F/FL on 6/28/11 7:59am Msg #388000
Re: Thanks for your help again Linda
You always give sound advise.
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Reply by Linda_H/FL on 6/28/11 8:00am Msg #388001
You're welcome...Good Luck...:) n/m
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Reply by HisHughness on 6/28/11 9:09am Msg #388005
Re: Thanks for your help/plus one more question
This doesn't make a lot of sense to me. Beneficiaries under a will don't need to meet with the maker's attorney; they just need to be sure to keep the testator happy till she dies. The only reason anyone other than the attorney needs to be involved would be as witnesses in a self-proving will.
So why are you supposed to meet with an attorney?
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Reply by Linda_H/FL on 6/28/11 9:24am Msg #388006
Think retirees, Hugh
They come down here with all legal in place but leave their trust in their former attorneys.
I had one, the guy had moved here from Boston - never got another attorney - all his trust was with his former Boston atty - that atty flew down here, consulted with FL colleagues, drafted a will and living will - they needed a notary for those docs...
This situation in the OP bothers me only because I think it's wrong for an AIF to change a principal's will - to me that sounds like a probate claim and will contest waiting to happen and just plain immoral....but that's just me. Hopefully in this case they're talking about the AIF's own personal will and not the principal's.
MHO
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Reply by PAW on 6/28/11 8:34pm Msg #388088
In FL, Wills and codicles may not be changed by the AIF
What may an attorney-in-fact not do on behalf of a principal? There are a few actions that an attorney-in-fact is prohibited from doing even if the Power of Attorney states that the action is authorized. An attorney-in-fact, unless also a licensed member of The Florida Bar, may not practice law in Florida. An attorney-in-fact may not sign a document stating that the principal has knowledge of certain facts. For example, if the principal was a witness to a car accident, the attorney-in-fact may not sign an affidavit stating what the principal saw or heard. An attorney-in-fact may not vote in a public election on behalf of the principal. An attorney-in-fact may not create or revoke a Will or Codicil for the principal. If the principal was under contract to perform a personal service (i.e., to paint a portrait or provide care services), the attorney-in-fact is not authorized to do these things in the place of the principal. Likewise, if someone had appointed the principal to be Trustee of a Trust or if the Court appointed the principal to be a guardian or conservator, the attorney-in-fact may not take over these responsibilities based solely on the authority of a Power of Attorney.
(Source: FL Bar http://www.pawnotary.com/documents/Florida%20Powers%20of%20Attorney.pdf)
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Reply by Linda_H/FL on 6/28/11 8:55pm Msg #388092
Jeez...good thing I didn't listen to my attorney's
paralegal when she suggested I could change my mother's will!!
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Reply by FlaNotary2 on 6/29/11 7:07am Msg #388105
The POAs we draft at the law firm where I work
specifically restrict the attorney-in-fact from signing an affidavit on the principal's behaf; voting in an election; or making changes to a will.
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Reply by SouthernOK on 6/28/11 9:27am Msg #388007
I thought wills couldn't be altered upon death, trusts could n/m
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Reply by Linda_H/FL on 6/28/11 9:29am Msg #388008
I'm curious how ANY document can be altered upon death n/m
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Reply by desktopfull on 6/28/11 3:36pm Msg #388063
No document can be altered after the death of a person. n/m
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