Frequently Asked Questions

At Knight Moore, we pride ourselves on our extensive experience in handling Wrongful Death actions and our attorneys have recovered millions for aggrieved family members who have been harmed by the action of another.

A Power of Attorney is when a person grants the authority to another person to act on their behalf as if they were acting personally in any matter. Typically, a person who executes a General Power of Attorney is enabling a loved one to sign for them and do things on their behalf as if they were doing them themselves. Usually, a Power of Attorney is a matter of convenience for an elderly or disabled person. Sometimes a Power of Attorney is used when a person is unavailable to sign documents or manage their affairs. A Power of Attorney once granted is revocable and is not supervised by the Probate or Common Pleas Court.

There are basically two types of Power of Attorney. A General Power of Attorney enables the person to do all things for the person granting the Power of Attorney. A Limited Power of Attorney only allows that Power of Attorney to do those things listed in it on behalf of the person granting the power. An example of a Limited Power of Attorney would be to convey real estate. An example of a General Power of Attorney would be one that allows you to do a person’s banking, sign contracts, and leases, and convey real estate for that person.

A General Power of Attorney is usually called a Financial Power of Attorney so that the person can take care of financial matters or the assets of the person granting it. A Health Care Power of Attorney does not enable the person who is granted the power to take care of financial matters for their loved one but helps make health care decisions when the loved one is unable or unwilling to do so. Both the Health Care Power of Attorney and a Financial Power of Attorney are revocable by the person granting it.

When you lose your spouse, you should immediately contact the Knight Moore Law Firm to determine the steps in processing the transfer of assets from your deceased spouse. You should get a copy of the death certificate as soon as possible and locate the Last Will and Testament of the deceased spouse for safekeeping. If you have an estate plan that you formulated with your attorney, you should review that plan immediately and consult an attorney to make sure it is properly executed. Usually, a husband and wife have joint bank accounts and jointly owned property so there is usually no emergency in making those assets available. Generally, if both husband and wife are the owners of an account, the presentation to the bank or financial institution of a death certificate enables the surviving spouse to withdraw funds to meet the short-term obligations of the family.

There are many other issues that must be dealt with when a spouse dies. One of the most common is the transfer of motor vehicles to the surviving spouse. Under certain criteria, you can transfer the motor vehicles immediately into the surviving spouse’s name. It is best to meet with a qualified attorney to see if you meet these criteria.

Generally, the best thing to do when you lose a loved one is to contact your attorney’s office immediately so that the attorney can help get you through this most difficult of times.