Power of Attorney

UPDATED: Oct 1, 2022

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Power of Attorney

Recently, I applied for guardianship/conservator of my grandmother who has dementia. The court decided to use an independent person because I live out of town. Does the POA give me rights to take care of her assets after her death? We can no longer find a Will.

Asked on December 19, 2017 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, neither a power of attorney nor a legal guardianship (or conservatorship) gives you any power over or right to a person's assets after their death. Only a will controls what happens to property after death. If there is no will, the assets pass by intestate succession, or the legal rules for who gets what when there is no will.
If your grandmother is not married when she passes, under your state's intestacy laws:
1) If any of her children are alive when she passes, they share everything equally.
2) If there are no living children but living grandchildren, the grandchildren will share everything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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