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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption