Is there a way where I can get a P.O.A by default?

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Is there a way where I can get a P.O.A by default?

My mom passed away 3 weeks ago and did not leave a Will. I’m the only child between my parents. My dad recently got arrested and has been deemed mentally ill. What I do need from him is a P.O.A so I can handle my mom’s finances and proceed to process documents since on the death certificate it states him as the surviving spouse. Due to my dad’s mental health issue, I do understand that if he signs a P.O.A now it will be null and void due to his mental capacity. If I supply documents such as my birth certificate and that my dad is mentally ill in prison, can there be a way?

Asked on November 21, 2011 under Estate Planning, Pennsylvania

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

Your dad's status and getting a POA for him have nothing to do with your mom's estate.  As she died without a will, you need to go to the register of will in the county where she died to petition the court to be named as administratrix.  Once named you can act on behalf of your mom's estate.  For an article that discusses the issues of estate administration please read Estate & Probate Administration: Do Not Try This On Your Own at the following link: http://www.sjfpc.com/page1.html.  You would be well served to retain an estates attorney to assist you.


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