The lawyers job is to use and consider competency for LEGAL purposes, however, they are not doctors and thats a medical decision if and when it ever becomes necessary. The person who appoints a POA must be competent at the time, but if the POA is DURABLE it survives subsequent incompetency yet is revocable anytime prior. In cases of dispute or if competency is an issue it may require a GUARDIANSHIP instead of a POA. The POA is a fiduciary and must act in best interest NOT self serving. The POA dies when the principal does, in general the POA is not liable for just debts before or after death, thats when estate and probate law kicks in. People all the time come to me when mom dies claiming they were her POA thinking they can do this and that I tell them NOOOOOOOOOO thats over n done and when they go to the bank wanting to do this or that the bank educates them very quickly lol.....In Indiana (subject to how the account was set up) they need to be appointed Personal Representative (Executor) by the Court plus obtain an Estate Tax Number before the bank will let them get anywhere near the decedents funds
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Today's Featured Article - A Farmall Story - by Ed Meadors. The year was 1978. Our young family had recently moved to rural Chesapeake, Virginia to a plot of land which would finally allow us to realize our dreams of a huge garden, critters and more lawn and pasture than we would ever use! We needed a TRACTOR; not a riding mower or tractor wannabe, but a real TRACTOR. The answer to our needs materialized in the form of a '44 Farmall A, complete with cultivators, discs, single plow, a 5ft.Woods belly mower and one, mounted spare 9.00x24 rear wheel.
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