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If they are mentally competent, yes. Their disability does not disqualify them.
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∙ 9y ago
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What are the power of attorneys rights over a parent that is of sound mind?
The Power of Attorney has no rights over a parent of sound mind. The power of attorney is given by the parent and can be withdrawn at any time. And the power of attorney automatically ends upon the grantor's death.
Why would you need power of attorney if parent is deceased?
You wouldn't need one, as a power of attorney only represents a living person. After their death, a power of attorney would no longer be valid. You need letters of authority to close the estate.
Can a step daughter file for power of attorney?
No. A person has the right to choose any person as their attorney in fact under a POA. The children have no special standing as long as the principal is of sound mind and legally competent. Only the principal or a court order can extinguish the POA.
How do you obtian power of attorney over a parent in NH?
You first have to authorize a power of attorney form, then make them sign as the 'Principal' and you should sign as the 'Attorney-in-Fact' If your parent is competent their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options and the consequences of executing a power of attorney. If your parent is not legally competent then you must petition the court to be appointed their legal guardian.
Are children responsible for their parent's debts when the parent dies even if you are power of attorney?
No
Getting power of attorney after parent is dead?
You can't. Power of Attorney is only for people who are alive. You can however petition to become the executor of that person's estate.
How do you sign for someone else in their absence?
Legally, you can only sign on behalf of another person if you have been granted power of attorney for that person, or if that other person is a minor and you are that person's parent or guardian.
Is a power of attorney still valid after the principal dies?
A power of attorney terminates when the principal dies.
What happens to the durable power of attorney when the person passes?
The power of attorney represents a living person. The durable power of attorney will end with the death of the grantor.
Are you responsible for person finances after death with a general power of attorney?
A power of attorney represents a living person. After their death, the power of attorney is no longer valid.
Can elderly parent force adult children into power of attorney?
No
Who is more powerful the person with will power or the person with power of attorney?
It depends on whether the person is living or dead. A power of attorney represents a living person. After their death, the power of attorney is no longer valid. Then the Executor takes over.
