Is a power of attorney legal if notarized with witnesses?

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Is a power of attorney legal if notarized with witnesses?

My father wants to make me his power of attorney instead of his wife. I’m the benefiary of his like insurance policies. He wants me to make sure that the decisions regarding his burial at time death are mine and not his wife’s. Does a power of attorney give me that right?

Asked on February 20, 2017 under Estate Planning, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A power of attorney ends upon the death of the principal; in this case your father. Therefore, a POA will not work in this situation. He should at this point speak with a probate attoreny about how best to handle is affairs after his death.


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