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Power of Attorney

The Story: Harry executed a Power of Attorney naming his son, John, as the "attorney-in-fact". Harry has requested John to use this Power of Attorney to make certain gifts after Harry dies. Question: Can Jon carryout Harry's requests? Answer: No. This Power of Attorney is effective only while Harry is alive. The document becomes null and void immediately upon Harry's death. A Last Will and Testament, on the other hand, becomes effective immediately upon a person's death and cannot be used while the person is alive.

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