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judyos Asked January 2020

Durable Power of Attorney question - paying for expenses?

I have Durable POA (incl. financial) for my uncle who probably won't last perhaps another 1-2 weeks in the hospital (in and out of consciousness). No plans have been made for a repast after his funeral, and this is something the family wants.


Am I within my boundaries if I pre-pay for a repast prior to his passing? There are funds to provide for it in his accounts, yet he has not specifically stated it in his will.


My POA document states specifically:


"To approve accounts of any business, estate, trust, partnership or other transaction whatsoever in which I may have an interest or any nature whatsoever, and to enter into any compromise and release in regard thereto."


Just want to make sure I don't get into hot water if I write a check on his behalf to pre-pay a repast prior to his passing.


Thanks in advance for your replies.

judyos Jan 2020
Thanks so much, everyone, for your answers. Yes, I would like to push this responsibility off on the Executor but I know for a fact that he doesn't want to deal with it at all. Scoping out restaurants, comparing rates, and making tentative arrangements is not in the cards. Restaurants will probably want someone to at least drop off a deposit check, I can probably do that. However, he will be responsible for paying the balance at the event itself.

When I basically stated all of this to him and indicated that he could pay for it himself out of the estate and just bill the estate, he pretty much grunted. This person is doing squat about funeral arrangements, I've already proactively contacted them to determine what has/hasn't been paid for and filled him in on all of the details. I've also made sure that my uncle will have an honor guard at the funeral as he is a veteran. Had I not, I can assure you that it would not be happening.

Said Executor also expected me to arrange to pre-pay the grave opening as I could currently write checks as the POA. He told me "good luck" with everything. Lol. I could go on and on.

GardenArtist Jan 2020
Tothill hits the nail on the head.    This is a post-death issue, and the Personal Rep, Executrix/Executor would make the decision on a post service meal.  

You could arrange one now; just consider whether the named PR, E/trix or E/tor might find this inappropriate.

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anonymous912123 Jan 2020
Generally accepted, I would do it now if he is in agreement.

gladimhere Jan 2020
Repast is a meal/banquet after a funeral. Since there are funds and family wants it I would go ahead now. Immediately after death can be very confusing getting everything setup and taken care of financially. Or if everything is setup, executor should be able to get this taken care of easily.

Tothill Jan 2020
Prepaying for a funeral is generally acceptable.

Who is the Executor of his estate? Generally that person will be handling the funeral arrangements.

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