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 - Restoration Story: Fordson Major - by Anthony West. George bought his Fordson Major from a an implement sale about 18 years ago for £200.00 (UK). There is no known history regarding its origins or what service it had done, but the following work was undertaken alone to bring it up to show standard. From the engine number, it was found that this Major was produced late 1946. It was almost complete but had various parts that would definitely need replacing.
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