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POA's come in all forms, however the interested party does not file for a POA. Power of Attorney must be granted by the person to whom the action pertains. If a person is unable to grant a POA due to dementia or other mental impairment; guardianship/conservatorship will be necessary to allow another individual to take control of the incompetent person's personal and financial affairs. The process of obtaining legal adult guardianship/conservatorship is complicated and in often expensive (generally $3,000 to $5,000). The person who is appointed is directly responsible to the probate court for any and all action taken pertaining to the incompetent person. Any misuse of a POA or AGC is a violation of criminal and civil laws and the violator is subject to severe penalties, including federal charges if it is in connection with SS or other federal pension benefits.
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∙ 18y ago
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∙ 13y agoYes.
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Can my brothers girlfriend file for power of attorney?
You do not file for power of attorney. This is a power that one person grants over themselves to another person. If the girlfriend would like to give you power of attorney over her, she need only obtain the proper documents and execute them.
Where can one file for bankruptcy or fraud?
In order to file for bankruptcy a person will need to hire an attorney or lawyer. Bankruptcy has long term financial consequences for the person so a competent attorney should be hired.
Can someone with a durable power of attorney file taxes for that person?
That is one of the reasons to have a power of attorney. So they can handle these sorts of requirements.
Do you have to file your power of attorney for it to be valid?
In most US states one should always file a power of attorney document with usually the County Clerks office. This ensures that the documents submitted clearly identify the person or persons with a power of attorney. The Clerk will also have a written signature of the person one has power of attorney over. This will eliminate any future problems.
What happens if a power of attorney refuses to show the will?
The power of attorney represents a living person and a living person has no obligation to share or show a will. The power of attorney ends with the death of the grantor and they have no say in 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.
Can you file a divorce for someone if you have power of attorney?
No.
What power of attorney form do you need to have someone file your taxes for you?
You can get that type of power of attorney directly from the taxing authority.
Can an Executor who has Power of Attorney take money out of the Estate before the estate owner dies?
The terms you used in your question are used incorrectly. A person cannot be an attorney-in-fact under a POA and an executor at the same time. A power of attorney serves a living person. There is no executor appointed until the testator dies.A POA gives an attorney-infact the authority to act on behalf of a living person (the principal). An attorney-in-fact is prohibited by law from transferring the assets of the principal to their own use. When the principal dies the power of attorney is extinguished and an estate representative must be appointed. An executor is appointed by the court if the decedent left a Will. A person isn't an executor until the will has been allowed by the probate court and the court has appointed the executor.You need to consult with an attorney ASAP who can review your situation and explain your options. You may need to sue the AIF.
My spouse has been determined to be incapacitated and has no power of attorney. How do I proceed to manage the household business?
Simply go to court and file a petition for power of attorney stating your wife's incapacity and showing documentation to that effect. Otherwise consult and attorney and he/she can file for you.
Can a person with a general power of attorney conduct someone's business affairs?
Yes. You may contact creditors and inform them of the situation. This will not keep them from intitiating collection action or reporting to credit agencies. Having a power of attorney does not make the person financially obligated. In some (not all) states a power of attorney grants legal authority to file bankruptcy or other actions on behalf of the debtor.
How can you get power of attorney for your dad when your sister has power now but feels he has to die as he has surpassed his life expectancy?
You can first ask your dad to revoke the power of attorney that appoints your sister as the agent. You do that by using a revocation of power of attorney form. Then he can file a new power of attorney that appoints you as the agent.
