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Durable Power of Attorney

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Jasperdawg

Junior Member
What is the name of your state? Florida

If a Last Will and Testament has been completed and it refers to a Personal Representative, is it necessary to do a separate Durable Power of Attorney statement?
 


BlondiePB

Senior Member
Jasperdawg said:
What is the name of your state? Florida

If a Last Will and Testament has been completed and it refers to a Personal Representative, is it necessary to do a separate Durable Power of Attorney statement?
There cannot be a POA for an estate due to the fact that the person who would grant the POA has died.
 

Jasperdawg

Junior Member
Let me rephrase. A very alive person has completed their last will and testament to plan ahead. THere is a personal representative appointed in this document. Is it necessary to complete a separate POA document appointing the same person?
 

BlondiePB

Senior Member
Jasperdawg said:
Let me rephrase. A very alive person has completed their last will and testament to plan ahead. THere is a personal representative appointed in this document. Is it necessary to complete a separate POA document appointing the same person?
A POA is for a person to take care of one's business while one is still alive and expires upon the grantor's death. A person nominated as a Personal Representative in a will needs the testator's valid will, original death certificate, be eligible to be a PR, and an attorney should the value of the estate require one.
 

Jasperdawg

Junior Member
Wow, very interesting, thank you.
ONe more question. Since my mother currently has my father (who is now deceased) as POA, can I personally retype a new POA for my mother get witnesses, signatures and get it notarized? Or do I have to hire an attorney to do this? Basically, what we are trying to accomplish is have myself as the POA since my father is no longer living. Fortunately, on the last will and testament, I am already appointed as PR in the event my father was no longer living, so that is taken care of.
 

BlondiePB

Senior Member
Jasperdawg said:
Wow, very interesting, thank you.
ONe more question. Since my mother currently has my father (who is now deceased) as POA, can I personally retype a new POA for my mother get witnesses, signatures and get it notarized? Or do I have to hire an attorney to do this? Basically, what we are trying to accomplish is have myself as the POA since my father is no longer living. Fortunately, on the last will and testament, I am already appointed as PR in the event my father was no longer living, so that is taken care of.
You are welcome. Your mother must be competent to sign a POA. Please go to an attorney for the POA if she's competent. She needs a medical POA and a Durable POA for financial/estate matters.
 

Jasperdawg

Junior Member
YOu have been so helpful, I'm wondering if you are familiar with the process involved with post judgment attorney fees. If this is an area you are knowledgeable on , I have a situation I would like to ask you about.
 

BlondiePB

Senior Member
Jasperdawg said:
YOu have been so helpful, I'm wondering if you are familiar with the process involved with post judgment attorney fees. If this is an area you are knowledgeable on , I have a situation I would like to ask you about.
Sorry, I can't help you with that. If this is in regards to your other thread, JETX and You Are Guilty are attorneys. They both provided you with excellent advice. Do show up in court on Monday.
 

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