A power of attorney can only be used while the grantor is alive

Once the grantor of a power of attorney dies, that power of attorney cannot be used anymore.

Attorney Tom Olsen: Ron, you're on WDBO. Go ahead.

Ron: Morning, Tom. Hey, I've been assisting a 100-year-old blind World War II vet for about eight years. He's asked me to wrap up his loose ends when he departs. Is there a form out there that you can fill out and have it notarized for, say, power of attorney or executor of the estate?

Attorney Tom Olsen: Having a power of attorney for your friend is a great idea, but that power of attorney will only allow you to manage his affairs while he is alive. Once he passes away, it is as though that power of attorney has been ripped up, it cannot be used anymore. What we really need to know is what does he want to have happen to his assets, his wealth, when he passes away? Do you know the answer to that question?

Ron: That would be, I guess, executor of estate or something like that.

Attorney Tom Olsen: If he has a will, his will is going to name an executor, but his will also names who gets his wealth, his home and his bank accounts, when he passes away.

Ron: We were going to go ahead and videotape that, inasmuch as, like I said, he is blind, he has poor hearing. To do it legally, so there's no contest with family members as to who gets what.

Attorney Tom Olsen: First of all, if you don't want to have a contest with family members, then I recommend that your friend have his documents be done by an attorney, that way they're going to be rock solid. Chrissy, I don't think a videotape in and of itself is a legally valid will here in Florida.

Attorney Chris Merrill: It is not. You are mentioning that you want to make sure that it is legal. Just for you to be aware, the video would not be legal.

Attorney Tom Olsen: I think the Florida statutes--

Ron: Thank you so much.

Attorney Tom Olsen: Thank you.

Ron: We'll have to either crank him up and put him in a wheelchair and take them out somewhere, maybe to your office. I don't know if anyone [crosstalk] can come out to the house.

Attorney Tom Olsen: Exactly. You call us and we'll make a determination whether or not we could do a house call for your friend. That's the Olsen Law Group in Orlando.

Ron: Real fine. I've got your phone number. Thank you so much.

Attorney Tom Olsen: Thank you, Ron, for calling. I appreciate it.

Ron: Merry Christmas to you and your wife.

Attorney Tom Olsen: Thank you.

Attorney Chris Merrill: Thank you, you too.

Ron: Take care. God bless.