Starkville, MS asked in Probate for Maine

Q: Can an heir with "power of attorney" take the property and assets of bank accounts legally before death?

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1 Lawyer Answer
  • Estate Planning Lawyer
  • York
  • Licenced in Maine

A: If the power of attorney is effective (powers are sometimes conditioned on events (such as a determination of lack of capacity) and are not therefore always immediately effective) and the principal did not communicate any revocation of the agent's powers to the agent, then it is likely that the agent, even if they are otherwise a potential heir of the principal's estate, could exercise a power to remover assets from a bank account.

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