Inka Dinka wrote:
Can a Power of Attorney (POA) be used retroactively, to make a
decision
after the principal has died but which could have been made while
they were
alive?
No. <snip>
Husband and Wife are involved in car accident. Husband dies at
scene. Wife
survives but dies in hospital ten days later, never recovering
conciousness.
Most USA states have some version or other of the Uniform Simultaneous
Death Act to deal with this exact situation. When two parties to a
will or trust die within a certain set number of days of each other,
(typ. 30), the law treats it as if they had died simultaneously. So,
the ins. benefit would flow directly to the surviving contingent
beneficiary.
If in doubt, or if the ins. co. gives you any flak whatsoever, consult
a local lawyer. Don't continue to "try this at home" if you find a
roadblock; hire a professional. Good luck,
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
