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Can you get a divorce from someone with a brain injury if you have a durable power of attorney?
Being the attorney-in-fact under a Durable POA has nothing to do with getting a divorce. You can't consent to the divorce on behalf of your spouse by using your power as attorney-in-fact. You would need to file for a divorce using the normal route after you have consulted with an attorney to find out how you should proceed in your particular situation under the laws of your state.
Is it legal for a spouse who served divorce papers to her spouse to them use a durable power of attorney in the name of the spouse being divorced?
It is legal, however any descision made with the PoA can and (unless benificial to the divorced spouse) probably will be overturned by the courts during the process of divorce. If the spouse has gotten a legal withdraw if the PoA then no, it is not legal. Any debts accrued do to use of the PoA during a divorce will most likely be turned over to the person who accrued the debt, reguardless of the PoA.
If you hold power of attorney how can you help an elderly man obtain a divorce when his new wife sold the house he owned prior to their marriage then kept the money and abandoned him?
A POA cannot be used to file for the divorce of the grantor or "Principal" of the POA. The person wanting the divorce will need to file for the dissolution of the marriage themselves. If the person in question is not mentally capable of such action then adult guardianship will be required. Obtaining legal adult guardianship is a complexed and rather expensive legal process, the best option is to consult with an attorney who is qualified in elder law in the state in which the elderly person resides. The issue of the sale of the house is questionable, depending upon how the property was titled and the laws of the state in which the property was located. Even so, the abandoned spouse would be entitled to his share according at the very least. It is possible the wife committed a criminal offense that will need to be addressed as well as the civil matters in question.
Is it against the law to have a POA from another state?
No. Generally, a POA that was drafted in one state can be used to execute documents in another state as long as the attorney-in-fact has an original copy of the POA and signs an affidavit stating the POA has not been revoked and the principal has not died. In transactions regarding real estate those documents should be recorded with the deed that was executed under the POA. You need to check the practices and requirements regarding POAs in your particular state.
Is a power of attorney still legal and binding after divorce?
Yes. You need to revoke the POA in writing and send a copy to the attorney-in-fact and any entity where the POA was used in the past. If the POA was recorded in the land records you must record an original copy of the revocation.
Is there an online site where you can pull up a copy of a filed POA?
That will depend on the specific jurisdiction. There is no requirement to file a POA with the court. Some courts have digitized such documents, but most have not done so.
Contest a power of attorney?
You must file a motion with the court requesting a judicial hearing to contest the POA.
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.
How do you revoke a power of attorney from a civil lawyer?
First of all - YOU would have to be the individual that granted him the POA. Simply ask him for his ORIGINAL copy of the POA, or send him a registered letter (return receipt requested) stating that his POA was revoked. Make a permanent record of your copy of the registered letter and file it along with the signed return receipt.
What does POA stand for?
Price on application (POA)
Can power of attorney be rescinded?
The persons wishing to have the POA invalidated must follow the prescribed legal procedure according to the laws of the state in which the POA was granted. When a POA grantor dies the POA becomes invalid and the deceased's financial matters become the jurisdiction of the probate court and the executor of the estate. If no executor was named in the Will or no Will was current the probate court appoints someone to oversee the estate of the deceased.
Can a POA sue a person even if the person who assigned POA is dead?
No. A POA expires when the principal dies.
