If my husband will be in hospice care soon and I have power of attorney for financial and health care, does this expire at his death?
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If my husband will be in hospice care soon and I have power of attorney for financial and health care, does this expire at his death?
If so, will all our assets get frozen or go into probate or stay in community property? We have a home, a car and a small checking savings account that will probably get eaten up by medical expenses.
Asked on April 15, 2013 under Estate Planning, Florida
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
Yes both documents, the power of attorney and the healthcare directive expire at death. You may file small estate probate petition on affidavit to obtain the necessary title transfers; why not change all of the assets into your name now before death if husband is cognizant? You are advised to seek a probate/estate planning attorney to assist you ahead of time to ease your way in handling these matters.
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