My mother recently passed away and had POA over my father. Who has POA now? - AgingCare.com

My mother recently passed away and had POA over my father. Who has POA now?

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The funeral home had her death certificate with his name on it? Being next of kin wouldn't I have then the power of attorney over him?

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My mom's Death Cert contains her legal name, her maiden name, her Soc Sec number, her sex, her birth date, her place of birth. The next section has her date of death, place of death, county, marital status, spouse name, her parents names, the funeral home name, and "disposition" which refer to either burial or cremation (or hold for autopsy, or donate body to science I imagine).
The 3rd section lists cause of death, and underlying condition(s), manner of death (natural, vs. Homicide, accident or suicide), her doctor name who pronounced her dead and their address.
The entire certificate is Officially filed & signed by the State Registrar and it has the official State Seal amd watermarked security paper.
Hope this helps with what a Death Certificate is. Once someone dies you cannot "do" anything without this document, keep it in a very safe place and do not dispose of it. Banks, loans, insurance etc often times require an original Certificate before issuing funds to Beneficiary or to sell car or home titled in the Decedents name.
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The death certificate needs to be corrected, as it will impact Social Security and Medicare, and other benefits. It gets sent to Social Security which is connected to Medicare, Medicare and other services. Also, tax wise a last tax filing is required to be done for the deceased, the death certificate needs to have to proper name on it. Your dad has to appoint you POA, if he does not have this already documented on papers. Usually, parents do their POA at the same time, and appoint each other, and then they have another person appointed if either becomes incapable. Either way an Elder Care Attorney can help and they can make sure you are safeguarded in other ways.
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I think the death certificate confusion is because the original question was asked with the idea that since Mom's death certificate had Dad's name on it, now that Mom is dead, who takes charge of Dad. Mom's death certificate (at least in my state) would have Dad's name as surviving spouse. That's not relevant to the POA question. And I cannot imagine a funeral home having a death certificate with an incorrect name of the deceased and not getting it corrected!
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1- Go to an Elder Care Estate Planning Attorney. Have him put in place for your dad a POA for Finances and Health Care they are different, Health Care Proxy, Living Will. Never sign any papers when admitting your dad into a hospital, even if you take your hand and have him put an x there, Be careful signing papers for nursing homes etc. You can be held liable for the costs if there are any financial issues. If you parent may need Medicaid, an Elder Care Attorney, Not a Company should assist. There cost is allowed to come out of your family members money. They will make sure that you file everything on time, this is a very time sensitive situation. As far as any name issues, if the death certificate has the wrong name on it, you need to go to the doctor or facility that created it and change it. If your parents used different names that appear on their Will vs other documents, you can have a Same Name Affidavit created. My mom and dad had different names on their marriage certificate than their social security card, and other documents. This happened allot when people came from overseas or for whatever reason they were given nick names that stuck and were actually used on legal documents. I am not an attorney but have been through allot with both my parents, and some of what I experienced was a nightmare, this is why I suggest you see an Elder Care Attorney, one that also knows Medicaid, and that may also do litigation. Good Luck.
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Being next of kin does not give you POA over your dad. Either he must give it to you or some one if he is competent or you must file for guardianship.
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sorry vicksky, I missed that.
I "assumed" it meant that HER death certificate named him as next of kin. But I've never seen a death certificate so don't know.
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To go back to the original question, 2nd part, which is: "The funeral home had her death certificate with his name on it?"
I do not understand this question. Death certificate names have zero to do with POA. So i hope the original poster can please clarify the 2nd part of question for us all.
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right, not effective after the person the POA is for dies, but doesn't mean there can't still be one if the POA person dies but not automatic transfer to someone else; has to be designated ahead of time, like in my beneficiary case; I could have been named as an alternate or named after mom died, or after I got dad's POA could have done it but none of that was done
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A POA is not "power over." Nor does POA automatically transfer to someone else. For everyone's future reference: My sister was her husband's POA. Their elder law attorney prepared a document that she signed which made me his POA if she became unable to do it. Then she died. When I needed to represent him, I would produce both documents. Usually, there was resistance from people like bank tellers who knew that POA is not effective after death. When I would persist, they would go to their legal department and find out this was all correct.
My point is, if your loved one is reliant on a POA, there needs to be another person legally designated to take that POAs place if necessary. And it should be done NOW, because it can't be done when the need arises--that's too late.
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ThereIsNoTry, the POA can be anyone that the Dad picks. Doesn't even need to be a relative.
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