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== == Only one "power of attorney" is valid. First have a lawyer determine who has clear power of attorney (usually the first person to obtain it). This person then makes all decisions about what happens to the assets of the mother. I would have to wonder WHY the daughter's daughter in law would want poa. If her intentions are honorable all she needs to do is to ask her mother-in-law to resign as POA and then get a new POA signed. If the principle is incompetent this can be done through the courts. My ex husband tricked my mom who has Alzheimer's into giving him POA. Within a year he had acquired everything she's ever owned including some very valuable real estate. He squandered all of her money and had her over medicated so that she was practically catatonic. It's 5 years later and my mom lives with me, but even though I have a statement from her longtime physician stating that at the time that she signed the POA she was not competent to do so, this whole matter is still wrapped up in PROBATE. And my mom cannot understand why she can't go home. BEWARE!!!!!! Persons can hold dual POA if the adult granting the action so chooses and is of sound mind when the POA is made. There cannot however be two separate POA's, persons's sharing the duties must be named on one document that is notarized and filed according to state laws. Likewise, states establish laws relating to the actions that can be taken with the adult who holds a POA, it is not in any state totally inclusive. The POA becomes null and void at the death of the grantor.
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∙ 16y ago
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How do you remove daughter-in-law as power of attorney to daughter as power of attorney?
You revoke the POA in writing and deliver a copy to the daughter. YOu should send a copy to any entity where it had been used. Once you revoke it you can execute a new one naming a new attorney-in-fact.
If a power of attorney was executed for an elderly step-father does a biological daughter have rights to revoke it and become the power of attorney?
Daughter does not have the power to revoke her father's Power of Attorney unless she has become his legal guardian. She does not have the authority to make herself the attorney-in-fact. However, father has the right to change his attorney-in-fact if he wants to and as long as he has the legal capacity to do so. Perhaps you should consult with an attorney who specializes in elder law if you are concerned.
If no will can the Power of Attorney be used as a will?
A power of attorney is not a will! The power of attorney ended on the death of the grantor. An estate will have to be opened and the law of intestacy will be applied to the property.
Can you legally sign a document for an incompetent spouse if the daughter of the incompetent spouse has Power of Attorney?
If the daughter has a valid Power of Attorney then she can sign for the incompetent. The Power of Attorney must have been executed when the spouse was competent and clearly to remain in effect in the case of a later incompetency. In most jurisdictions this would be knows as a Durable Power of Attorney.
What is the difference between attorney at law and attorney-in-fact?
An attorney-at-law is a member of the bar and licensed to practice law. An attorney-in-fact is normally someone with a power of attorney representing an individual who cannot be at a legal proceeding.
What does attorney at law mean what else can an attorney be at'?
In the United States, Attorney-at-law means a lawyer. The distinction is made because people can have "power of attorney" or "letter of attorney", which is referred to as Attorney-in-fact.
What is the highest rank in law?
you can be a district attorney and i think they have the most power
Daughter took power of attorney on her dad behalf can she get the power of attorney for dad wife?
You don't "take" a Power of Attorney. It must be voluntarily granted by the principal and the principal must be legally capable of executing it. Dad's wife would need to execute a Power of Attorney for herself.
You want to give your daughter power of attorney how do you do it?
You can buy a power of attorney form online or at your local office supply store.
Can a daughter change the will after becoming power of attorney in ri?
No, a power of attorney does not give the authority to change a person's will. The power of attorney only allows the designated individual to make financial and legal decisions on behalf of the person who granted the power of attorney. Changing a will requires a separate legal process.
My gramma wants 2 give me some money out of 1 of her investments Her power of attorney which is also her daughter says she can't Who has the ultimate FINAL say?
That depends on who granted the power of attorney. If it was a court because she was declared incompetent, the power of attorney wins. If gramma granted the power of attorney, gramma wins.
If a daughter has a power of attorney and if her mother dies should the property be divided among daughters or will it remain in the hands of the single daughter?
Having the power of attorney should only apply while the mother is alive, after that the estate is settled with a will and if there is no will can be contested in a court.
