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No they cannot take the power of attorney away. The only person that can change the power of attorney is the person who granted it. That would be the parent or the court.

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โˆ™ 2009-10-25 21:03:13
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Q: Can a legle child take power of attorney from a step child?
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Is a step mom power of attorney?

A step mother can only be a power of attorney if she has legally adopted the child. The parent or legal guardians of a child can also sign over power of attorney to a step mother.


Joint custody,father is going to military leaving child with step mom?

As long as she has Power of Attorney.


Does biological children have rights to deceased fathers assets if the step mother is power of attorney?

A power of attorney represents a living person. After their death, the step mother no longer has a power of attorney. The executor executes the will.


My father signed his power of attorney over to my step mother's niece and deeded their house to the step mother's niece What rights do I have as my father's only child?

The right to complain to your father.


What is the next step after signing someone as power of attorney?

Once you have completed the Power of Attorney, you should give the original to whomever you named as the power of attorney (attorney-in-fact) and keep a copy for yourself.


Your stepfather is terminally ill as a step child do you have any rights when it comes to decision making?

Only if you get a witnessed power of attorney or your relatives trust you do do what is right.


Can a legal child take power of attorney from a step child?

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 can you give your baby to your step mom?

Have an attorney assist you in writing out your wishes for your child. Give your step mom certain rights. The attorney will help you. This can be for a specific time period or till the child reaches 18 years of age.


You father is ill and you are in jail can your step sibling make a decision about your father's medical care?

No. A step child has no legal right to make medical decisions for your father unless they were granted that power by your father under a power of attorney or health proxy document or by a court order.


Do you have rights to your stepmothers medical decisions if she is in bad health?

== == Only if she has signed a paper saying you do. If your step-mother is of sound mind and agrees then you need Power of Attorney. Power of Attorney will cease when your step-mother passes away. == ==


Does biological children have rights to deceased fathers assetts if the step mother is power of attorney?

The power of attorney expired on his death. In most cases the spouse gets the estate if there is no will.


What can i do to get my rights back to my child?

Step one, and the only one we can give you here, is: "talk to an attorney".


Does a step father with power of attorney hve custody rights over the biological father?

No he does not.


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.


What rights do step children have to their step fathers estate after he has passed away?

Generally, a step-child has no inheritance rights unless they were legally adopted by the decedent. You should consult with the attorney who is handling the estate or with an attorney who specializes in probate in your particular jurisdiction if you think you may have any claim.


How can my step daughter get access to my money if I become sick and partially disabled?

You can have your step daughter be your power of attorney and she will be able to handle your affairs if you become incompetent.


Your stepmother has passed away. Her son had her power of attorney and he believes he can make decisions for your father who has dementia and his estate. Can he?

All power under a POA is extinguished when the principal dies. If your step-mother's son was her attorney-in-fact under a POA, his power ended completely when she died. He has no power over your father's affairs unless your father signed his own POA document appointing the step-son as his own attorney-in-fact before he became incapacitated. You should consult with an attorney who can review your situation and determine your options. The step-son shouldn't have access to your father's assets. You can petition the court for appointment as your father's guardian. You need to act ASAP.


Can you change the last name of a minor child to that of the step-parent without consent of biological father?

Not usually. Consult with an attorney


Can a stepfather get custody of a step-child?

It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.It depends on the circumstances. For example, if the mother has died or been deemed unfit, and the child has had a parental relationship with the stepfather or if there are half siblings the child has grown up with, the court may appoint the step parent as the child's legal guardian. There are different laws in different jurisdictions regarding step parents and custody of step children and those situations are usually decided on a case by case basis. You should consult with an attorney. See related link.


Power of Attorney?

Get StartedA Power of Attorney is a document under which you as the "Principal," give legal permission to another person or entity (an "Attorney-in-Fact" or "Agent") to act on your behalf. You sign a Power of Attorney document so that your Agent will be able to handle your affairs during a period of time when you are unavailable or unable to do so. An Agent is not required to be a lawyer.A Power of Attorney may be either general or specific. A General Power of Attorney gives the Agent broad authority to act for you. A Special Power of Attorney grants the Agent limited authority to act only in specified situations. In addition, you may create a "Durable" Power of Attorney, which means it will remain in effect even if you become incompetent or incapable of handling your affairs. If you do not want the Power of Attorney to remain in effect during these times, then the document can be made "non-durable."Note: A separate Power of Attorney should be created for each person. A "joint" Power of Attorney is not valid.


How enforceable is a poa when step children are involved on both sides but only one of them have power of attorney?

A person (the principal) can grant a Power of Attorney to any person (the attorney-in-fact) they choose and trust. That POA is between the principal and their attorney-in-fact. There is no question about it being "enforceable". It remains in force until it has been revoked by the principal. Other family members have no rights regarding the POA whatsoever.


Can a dad get custody of child if mom is compulsive liar?

The father would have to go back to court and prove that the mom is a compulsive liar and that this is damaging to the child. Consulting an attorney would be a good next step.


Can you sue your ex-husband for child support?

If he is the legal father of the child, then he has an obligation to support that child. You can contact child support enforcement in your state or you can retain an attorney and file in the local family court. This is the usual step since you will be asking the court to enter a child custody order at the same time.


Can you challenge the power of attorney your step mother has for your father that has alzheimers?

You could attempt it, but you would have to prove to the court that your father was not of sound mind and body when he signed it.


Can a step dad adopt his step children?

Absolutely!!!! A step father can adopt a child under certain circumstances. The biological father will need to sign away his rights, or they can be terminated in some cases if he has not been involved long term or is shown to be a danger or unfit. The family...mother, step-father, and children will have to have a home study done, an attorney will be appointed to represent the child's interests...and sometimes the judge will also appoint an attorney to represent the absent father's interests...you have to pay for these attorneys, but it is a safe guard against the adoption being invalidated at a later date. The most important thing is whether the child wants to be adopted, this will weigh heavily in the home study and court decision. Good Luck!

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