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Is POA transitive

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t74

Member
What is the name of your state? TX

Person B is POA for Person A; Person C is POA for Person B. Can Person C act for Person A?

Person B is Personal Representative for Person A; Person C is Personal Representative for Person B. Person B dies. Is Person C now the Personal Representative for Person A?

Person A has died. A successor PR, other than Person C, was named in the will. Person B claims that Peron C will handle the estate in the event of her death.
 


Taxing Matters

Overtaxed Member
What is the name of your state? TX

Person B is POA for Person A; Person C is POA for Person B. Can Person C act for Person A?
Not unless the POA document that A gave B says that person C steps in when person B dies or allows B to desiginate someone else to act in B's place. Person A controls who he or she allows to act for him for her and C cannot act for A absent something in A allows C to act for A. Person B being the POA for C means nothing with regard to C's ability to act on A's behalf.
 

t74

Member
Not unless the POA document that A gave B says that person C steps in when person B dies or allows B to desiginate someone else to act in B's place. Person A controls who he or she allows to act for him for her and C cannot act for A absent something in A allows C to act for A. Person B being the POA for C means nothing with regard to C's ability to act on A's behalf.

Thank you. That is what I expected but is not what B is telling us. B has not provided any of A's documents to us as yet.I expect I would not permit B to transfer responsibilities to C outside of court action.
 

Zigner

Senior Member, Non-Attorney
When person A died, that POA "went away". The existence of a POA document, in and of itself, has no direct bearing on who administers an estate.
 

t74

Member
B as PR is using her POA to allow C access to A's estate and believes that is she (B dies), the fact C is her PR that C can administer A's estate as well as her own.

I know that POA does not survive death. I believe B is very confused. am not even sure A's POA before death was durable. B made many financial transactions likely to benefit herself while A was clearly incompetent but not declared so by the court.

I don't want B's actions after A's death to end up blindsiding us; those acts pre-death already have.
 

LdiJ

Senior Member
B as PR is using her POA to allow C access to A's estate and believes that is she (B dies), the fact C is her PR that C can administer A's estate as well as her own.

I know that POA does not survive death. I believe B is very confused. am not even sure A's POA before death was durable. B made many financial transactions likely to benefit herself while A was clearly incompetent but not declared so by the court.

I don't want B's actions after A's death to end up blindsiding us; those acts pre-death already have.
Then someone else needs to file probate for the estate and take it over.
 

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