Durable Power Of Attorney After Death

What is durable power of attorney after death?

A durable power of attorney after death is a legal document that grants someone the authority to make financial and legal decisions on behalf of an individual after they have passed away. This is often designated in a person's will or estate plan, and the appointed individual is known as the executor or personal representative. The durable power of attorney after death ensures that the individual's wishes are carried out and their affairs are properly managed even after they are no longer alive.

What are the types of durable power of attorney after death?

There are two main types of durable power of attorney after death: 1. Springing power of attorney: This type of power of attorney only becomes effective after the individual's death. It is triggered by a specific event or condition stated in the document, such as a doctor's certification of the individual's death. 2. Non-springing power of attorney: This type of power of attorney is effective immediately after the individual's death. It does not require any specific event or condition to occur before it takes effect.

Springing power of attorney
Non-springing power of attorney

How to complete durable power of attorney after death?

To complete a durable power of attorney after death, follow these steps: 1. Determine the type of durable power of attorney you want to create – springing or non-springing. 2. Consult with an attorney or legal professional to draft the document. They can help ensure that all legal requirements and provisions are met. 3. Clearly specify the powers you want to grant the executor, including financial and legal decision-making authority. 4. Designate an alternate executor in case the primary executor is unable or unwilling to fulfill their duties. 5. Sign and have the durable power of attorney after death document witnessed and notarized to make it legally valid and enforceable.

01
Determine the type of durable power of attorney to create
02
Consult with an attorney or legal professional
03
Specify the powers
04
Designate an alternate executor
05
Sign and have the document witnessed and notarized

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