So the answer to your question is no unless he is also executor to the will. If no will a close family member can go to the probate office and be made Administer of the estate. No will also means the state steps in. The estate is then divided up between the children.
I'm not sure what you are asking joeMatt, but POA expires at death, after that the executor or administrator of the estate must follow the instructions written in the Will - the executor named in the Will may or may not be the same person who was POA.
If the Power of Attorney was for the father and he has passed, the Executor the estate takes over. Power of Attorney ends on the death of person who gave POA.
Joe, any POA is ineffective after death, when it ceases to have power. Who handles issues after death depends on (a) who's successor trustee, if your father executed a trust, and/or (b) who is/are named as personal representatives (f/k/a executor or executrix).
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"Having POA" is probably the MOST misunderstood "job" we hear about here!
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