Giving power of attorney to someone else

thinisaz

My daughter's friend passed away yesterday and she discovered him.

Anyway he has no family in the UK and his wife is in the USA (they separated several months ago).

We are assisting her via email with funeral directors and anything else we can however she's asked if she can transfer power of attorney to myself so I can act accordingly and easier sorting out his funeral, house clearance and other finances.

Not going to lie I'm not really sure what that would involve or what you do but I've said if I can I will. 

My daughter and both the husband and wife were very close but I think she's s bit too young (22) to take this on on her own. 

What does she need to do and, I guess if this can be done.... What do i then do?

Ms_Chocaholic

A Power of Attorney in the UK is only valid when the person is alive.  Unfortunately I don't know enough about US law to advise.  Did the man own a property etc - if so I wouldn't get involved, what if his relatives say some money has gone missing.  The US is only a flight away and, as harsh as it sounds, I would let them deal with it.  Surely they are coming across anyway for the funeral, they could deal with it then.

elsien

Power of attorney ends on the death of the person and gives no rights to sort out the estate. 

Does he have a will - if he does then whoever he has named as executor needs to sort out his affairs, although they can get help with the admin etc if they wish. Is that what you mean by power of attorney? 

If he died intestate then someone will need to apply for letters of administration, unless you think his estate will be in debt in which case walk away. Whoever instructs the funeral director is responsible for paying the bill so bear that in mind if there is a query as to how much money he had. 

Letters of administration there is an order of who should apply:
https://www.gov.uk/applying-for-probate/if-theres-not-a-will

sheramber

I think the wife wants to give POA for her to the OP . This would allow him to sign documents  , rather than having to email her and her email back.  He can consult her and follow her instructions but could sign documents.

It would only apply for dealing with the  funeral/estate.

My friend's husband was working in New Zealand while she was selling the house. Her husband signed a POA for thel awyer to sign documents on his behalf.

Ms_Chocaholic

sheramber said:

I think the wife wants to give POA for her to the OP . This would allow him to sign documents  , rather than having to email her and her email back.  He can consult her and follow her instructions but could sign documents.

It would only apply for dealing with the  funeral/estate.

My friend's husband was working in New Zealand while she was selling the house. Her husband signed a POA for thel awyer to sign documents on his behalf.

I think we are all surmising, even the OP isn't sure what will be involved, I'd say tread with caution. 

getmore4less

Was any house jointly owned with the wife(in USA).

If it was then that can carry on as there is a living legal owner.

What other assets did he have will any need a grant?

Is there a will? who is executor?


The wife can give you POA to deal with things.

If there is a will and she is executor there is an option for you to act for her with POA(just for the grant) should a grant be needed.