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Q: Can a person have a power of attorney if they have been in trouble with the law?
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Is attorney in fact the same as power of attorney?

No. "Attorney-in-fact" refers to a person who is granted authority to act for the principal in a power of attorney.The general power of attorney refers to the document,executed by a principal, that creates the power to act for the principal.


Can a person who is power of attorney and has been for a number of years deal with the persons will when they die even though someone else is named as executor?

Not legally. A power of attorney represents a living person. After their death, the will and its appointed executor are responsible.


Is it unusual to be power of attorney executor and sole beneficiary of a will?

No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.


How do you get power of attorney of your mother who has been detained under the mental health act?

A person under care for mental health issues may not have legal capacity to execute a Power of Attorney. You should consult with an attorney. You may need to petition the court to be appointed the guardian.


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.


Can a person in the UK with power of attorney use funds or convert property for personal benefit?

I live in Canada, and it should be the same there as it is here. If you have power of attorney over someones funds, you have the authority to do so with those funds as has been given you under that authority, but there are many ways that one can benefit from doing so, but you can't take anything that isn't yours to take from a paticular person or their estate unless it has been agreed to when you entered into the power of attorney!


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.


Does a person who is appointed executor have more say over someone who has been given power of attourney?

The executor has no power as long as the individual is still living. And once the individual passes on, the power of attorney has no power.


Does Nebraska law state that an attorney should inform you if your mother's power of attorney has been changed to someone other than the person who originally signed for that position?

smart one i don't know


What is the difference between Executor and Power of Attorney?

A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.


If you have POA can you get guardianship?

A court appointment of a legal guardian extinguishes any power of attorney that was executed by the ward prior to the guardianship. Therefore a person with a legal guardian has been removed from their legal relationship with an attorney-in-fact and the power of attorney is no longer valid. The AIF should be notified of the guardianship and that they are no longer the AIF.


Can power of attorney release a life estate deed deeded to a son?

Not once it has been deeded. Only the person granted the life estate can release it.