Newark, NJ asked in Banking and Real Estate Law for Virginia

Q: If my sister takes power of attorney, over my father health etc, does she has controlled over the real estate home in PR

He is hospitalize VA, she is his aid care taker. She wants POA because he is married.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Business Law Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: This is not a DIY situation. You need a lawyer. But, the specific answer to your question is that a power of attorney expires when the principal (your father) dies. Sometimes, the attorney-in-fact (your sister) has the power to make financial transactions during your father's life using the power of attorney (PoA) that will have significant impact after death. That may result in some very expensive litigation. It might be wise to get on top of the issue now.

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