0
Can a durable power of attorney for minor child remain in effect after death of principal?
Wiki User
∙ 12y ago
A power of attorney is no longer effective after the grantor dies.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
At what point is power of attorney granted?
When a person is ill or of an advanced age a POA must be executed while the principal has the legal capacity to do so. A Durable POA will remain in effect even after the principal has become incapacitated.
Is it legal for an attorney to change a Power of Attorney without notifying the original attorney in fact for someone who is incapable of making changes?
No. Only the principal can change a Power of Attorney. If the principal is legally incapable then the POA cannot be changed. In order for a POA to remain in effect after a person becomes incapacitated the POA must be a Durable POA. If an attorney is tampering with the POA he/she should be reported to the State Board of Bar Overseers.
Does Durable Power of Attorney over ride general power of attorney?
A general Power of Attorney gives the attorney in fact the authority to perform certain specified acts on behalf of the principal. A General Power of Attorney expires if the principal becomes incapacitated.A Durable Power of Attorney gives the attorney in fact the authority to perform certain specified acts on behalf of the principal even if that person becomes disabled or legally incapacitated. A Durable Power of Attorney doesn't expire until the death of the principal.General and Durable POAs grant sweeping powers unless the powers are specifically limited to those powers listed in the document. Limited POAs can also be executed that allow an attorney-in-fact to perform only a certain task on behalf of the principal. For example, a person serving in the military may grant a spouse or attorney a limited POA in order to sell a home.
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.
Are transactions made during a person's life using a power of attorney void after death?
No, transactions that were completed while the principal was alive remain valid under the power of attorney. However, no new transactions can be based on the power of attorney after the principal's death.
When does a durable power of attorney end?
A durable power of attorney terminates when:The principal dies;A legal guardianship (or conservatorship) over the principal is allowed by the court;The principal or a judge revokes the power of attorney
What is power of attorney and does it remain in place after the death of the person for which it was obtained?
The power of attorney represents a living person in business matters. The power of attorney will always end with the death of the grantor.
What are some situtations a p-o-a might be needed?
If a spouse is on active duty and the couple is buying or selling a home, the spouse on active duty (the principal) can execute a Power of Attorney that names their spouse as their attorney in fact. The AIF could sign any documents related to the sale in the name of the absent spouse.An elderly person might name someone such as a trusted child, grandchild or friend as their AIF to pay their bills keep track of their investments and do their banking for them. The AIF could sign the principal's name on any legal document (except a will).A Durable Power of Attorney would remain effective even if the principal was to become ill or incapacitated. Any POA is extinguished upon the death of the principal.
How long does a power of attorney remain in effect?
A power of attorney can be set up with limitations. It may be limited by a specific event, such as the sale of a house or car. It is also going to end at the death of the person granting the power of attorney.
Where do you file for power of attorney?
A person does not "file for a power of attorney". A POA is granted by one person (the principal) to another person (the attorney in fact or agent) she has chosen to act on her behalf. It confers the authority to perform certain specified acts for the principal. When there is real estate involved the POA must be recorded in the land records.
How do you get your judge to release you back to your home?
You have your attorney prove you will remain there and not leave.
Define power of attorney?
A Power of Attorney is a legal instrument that allows one person (the agent) to conduct the affairs of another (the principal). It is used in situations where the principal is not present or is incapacitated.
