Getting Power of Attorney for Deceased Parent

My mom hss passed and I'm trying to get a power of attorney. How do I do that?

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August 14, 20190 found this helpful

You have my deepest condolences on the loss of your mom. May her memory always be a blessing.

Power of attorney (at least in my state) is something granted only when the person is alive to take care of the person's bills and decisions as outlined by the legal POA agreement.

When someone passes, they should have a will with a designated executor. If your mom did not have a will, ask the funeral director for the steps you need to take in your state to have the will probated or whatever is done where you are when a person dies without a will.

If your mom designated you as the executor in the will, then you will need to work with the lawyer who drew up the will to execute it as she set forth.

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If the lawyer is deceased or no longer in practice, you will need to locate a lawyer you trust that can manage this process. It can take up to a year to execute a will, longer if the person had a complicated existence (meaning, for example, owned a business or had extensive investments, numerous bank accounts, or even excessive debt).

If you need legal aide (and are in the US) talk to your local state representative and ask them to help you find a reputable legal aide service.

Post back with an update.

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August 14, 20190 found this helpful

Power of Attorney is only a legal document while a person is still living so you will not be able to acquire one in this case.
If your mother died without a will (intestate) you will have to make arrangements through the court to become the court-appointed representative so you can legally take care of her property/money/assets.

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This is assuming there is no husband still living and you are an only child. If this is not the case, then it will become much more complicated.

You will need an attorney to assist you with filing through the court and if you cannot afford to pay for an attorney, you can seek help through your local family services office or through the legal aid society (there is sometimes a fee to use the legal aid society attorney).

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August 22, 20190 found this helpful

Normally power of attorney applies when your mom was alive and signed these papers that gave you power of attorney to take care of her and her affairs when she was alive. You now need to find her will if she had one and see what it says. If there was not a will make when she was alive you will need to go before a judge and ask them to grant you power to handle all of her affairs now that she is dead.

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August 22, 20190 found this helpful

Power of attorney is given to a trusted individual while the person is still alive.

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