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  1. #1
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    Oct 2015
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    Default What Happens to a Power of Attorney if Your Attorney-in-Fact Dies

    hello my dad has demetia and has been in nursing home for 5 years, his brother was his poa named in will however the other day his brother died. his finaces are now frozen i think.. will he be kicked out of the nursing home? how long will it take the provice to issue a new poa.

  2. #2
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    Oct 2006
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    Default Re: Dad in Nursing Home His Power of Attorney Died

    Quote Quoting will251989
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    hello my dad has demetia and has been in nursing home for 5 years, his brother was his poa named in will however the other day his brother died. his finaces are now frozen i think.. will he be kicked out of the nursing home? how long will it take the provice to issue a new poa.
    Unfortunately a POA could only be named by your father. Someone will have to go to court to get guardianship of your father, so that they can handle his affairs.

  3. #3
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    Default Re: Dad in Nursing Home His Power of Attorney Died

    I'll bet the social worker at the nursing home will be ready willing and able to tell you exactly how to go about doing this, getting guardianship. They hate having to kick people out, and these type situations happen really frequently. But I wonder if you are in the U.S., since you are asking about how long it will take the "provice" to do something?

  4. #4
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    Default Re: What Happens to a Power of Attorney if Your Attorney-in-Fact Dies

    Quote Quoting will251989
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    how long will it take the provice to issue a new poa.
    Province?

    Where is your father located?

    This site generally deals only with US law. And, in the US, state governments aren't in the business of creating POA's. In the US, since your father presumably is no longer competent and the POA document presumably does not provide for a successor, someone would have to petition the court for guaradinaship/conservatorhsip.

  5. #5
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    Default Re: What Happens to a Power of Attorney if Your Attorney-in-Fact Dies

    IF Dad has a lucid moment and is aware of what he doing it is possible,he could create a valid new grant of durable POA to you or some reliable person if you mean to ask in one of 50 states.....key is Dad needs to have most of his marbles that hour ..

    To name a POA in will makes no sense..when one dies the POA evaporates.

  6. #6
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    Default Re: What Happens to a Power of Attorney if Your Attorney-in-Fact Dies

    It would be foolish -- an invitation for accusations of fraud, undue influence, financial exploitation and the like -- to purport that a long-term, mentally incompetent nursing home resident with diagnosed dementia had a "lucid moment" during which he was supposedly able to knowingly execute a power of attorney with full understanding of its implications.

  7. #7
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    Default Re: What Happens to a Power of Attorney if Your Attorney-in-Fact Dies

    Quote Quoting Mr. Knowitall
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    It would be foolish -- an invitation for accusations of fraud, undue influence, financial exploitation and the like -- to purport that a long-term, mentally incompetent nursing home resident with diagnosed dementia had a "lucid moment" during which he was supposedly able to knowingly execute a power of attorney with full understanding of its implications.
    That's OK. We've all become used to foolishness from a particular poster.

  8. #8
    Join Date
    Oct 2015
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    Default Re: What Happens to a Power of Attorney if Your Attorney-in-Fact Dies

    it is in the province of ontario, i have one other question you guys might be able to answer for me though,

    my dad has also been declared mentally incomp, now that his attorney in fact died his other brother is conviced he can petition the court and become his new power of attorney, ( his brother is 70 years old, been schizophrenic all his life, has filled for bankruptcy, and is a theif), is their even a remote possibility that the court will approve him to be in charge of my dads money?

  9. #9
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    Default Re: What Happens to a Power of Attorney if Your Attorney-in-Fact Dies

    Ontario is not a U.S. State.

    If your uncle is petitioning the court to become guardian of your father, and nobody else in the family either objects or offers to serve, then there's a good chance that his petition will be granted. Speak to a lawyer, consult a Canadian legal resource, see if the court clerk can provide forms for you to file for your own appointment, etc.

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