Can I assume power of attorney if I am a beneficiary in my parents’ will?
No, you cannot automatically assume power of attorney just because you are a beneficiary in your parents’ will. If your parents are still alive, they need to be the ones to appoint someone as power of attorney and using a Phoenixville attorney will facilitate this process.
A power of attorney allows someone to act on your parents’ behalf. This person would be responsible for:
- signing documents;
- taking care of finances; and
- making important decisions, so your parents would need to appoint someone they trust and it may not always be a beneficiary.
If your parents are disabled to the point where they are unable to make any important decisions, then nobody, not even close family members, are allowed to make any decisions without intervention from the courts. If you want to become power of attorney, you must petition the appropriate court in order to do so, which can cost up to $5,000.
A Phoenixville attorney can advise you of the process. If the court is in agreement, you become the legal guardian of your parents and you can act on their behalf.
Although it is not legally required to have a lawyer review or prepare a power of attorney document, it is often recommended. The agreement is complex and a possible agent may not understand what all is involved in acting as power of attorney. It is best to sit down with a Phoenixville attorney can make sure you fully understand the risks and responsibilities.
If you are involved in a situation in which a family member can no longer make decisions on their own, contact an experienced Phoenixville attorney for legal help. Unruh Turner Burke & Frees has several lawyers trained in trusts and estate planning. Contact them today at (610) 933-8069.
