Lovely Nation 24 July 2021

power of attorney

my father who has special power of attorney died can i continue the case with new power of atorney in my name or what to do further

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Quick Summary

If the person who granted you Power of Attorney (POA) has passed away, the POA automatically terminates. To continue a legal case, you will need to obtain a new POA from the principal. If the principal is incapacitated and no alternate POA is named, you may need to seek guardianship or conservatorship.

2 Replies

Advocate Bhartesh goyal (advocate) 24 July 2021

Yes, you can continue case but you have to obtain Poa from principal.

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srishti jain 26 July 2021

As per your query,

The person appointed power of attorney has the legal right to make financial, medical, or legal decisions on the principal’s behalf.

A power of attorney is terminated in the case where the principal or the agent of the POA dies. If no alternate has been named, then a new POA has to be signed. If the person giving the POA is incapacitated, then you may need to go and get guardianship and a conservatorship established.

Hope it helps,

Regards,

Srishti

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