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Really, who else could oversee the final thing but the POA. They were probably the one who set everything up. The Executor cannot take over until Probate. They need a short certificate to handle finances. Even though the person has been assigned does not mean Probate has to except them. Probate can not be started until 10 days (or so) after death. So everything is pretty much in limbo till then. So very important that you make plans before your death. Even if its just on paper with your wishes, witnessed and signed. Then put in ur important papers and someone close given a copy. For me I live in a small town and I have known the director all my life. So I may be able to give him my instructions and have them put on file.
This is a question best put to the nursing home itself as they are the ones following the laws and dictates of your OWN STATE. If you are executor and do have instructions be certain the nursing home is aware.
The death must be officially confirmed (usually by a nurse who then contacts a doctor). This person also fills out the forms certifying the cause, time, and place of death. The family is informed. All medical equipment or treatments are removed from the body. The body is "prepped" (cleaned, to ensure sanitary transport). The funeral home is contacted to come get the body.
It may vary slightly by facility and state.
The PoA authority ends the minute someone is confirmed deceased. Then the Executor takes over, carrying out the funeral and burial wishes, if the deceased left instructions. Then the Executor carries out the instructions for the distriburtion of any estate in the Last Will.
So, in your question, the NH was probably carrying out its legal protocol and had nothing to do with the PoA making the decision to move the body to the funeral home. This is exactly how it went when my Aunt passed away in rehab this January (in FL).
Putting funeral instructions in a will is sometimes discouraged because it may take a while for the will to be located and for the executor to take on their duties. The executor would be responsible for using the deceased’s funds to pay any remaining bills due after death.
My Mom had a health care power of attorney giving her agent authority to donate organs and follow burial instructions, which were prepaid. This specific HCPOA section remained effective for this after death.
I would expect the actual removal to be done by the appropriate service provider.
Getting into a fuss about this seems pointless, though.
Yes it's pointless, unless you think that it affects entry to the next life.
Clearly the POA and Executor (if any) aren’t on good terms. Perhaps they favor different funeral homes? Or is this just an argument about power? If the POA contracts for an expensive funeral, they probably pay for it themselves rather than the cost coming out of the estate – which is managed by the Executor.
However if the POA is trying to arrange a completely different funeral type or location, then yes they don’t have the right to do that and the Executor should step in. (And it took me several minutes to think that this might be what is behind the question)
If possible, I’d move past this situation, which is already upsetting enough.
Too true. It's ridiculous not to have the POA also be the Executor of a Will.
This saves a whole lot of headache to just make that person or persons one in the same.