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The will depend on the rights granted to the power of attorney. And the type of trust will affect the ability as well.
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∙ 8y ago
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Can a power of attorney can be given only to an actual attorney?
Anyone can be appointed as a power of attorney. The only requirement is trust and being an adult.
Can a trustee appoint someone to act on his behalf as trustee of the trust by signing a power of attorney?
No, they are two different things. A trustee administers a trust and has a fudiciary duty to maintain it as specified by the trust. A power of attorney is someone that is representing another person.
My deceased mother named a trustee on my Grandma's trust and I have power of attorney for my mother Do I become the new trustee?
No you do not. The next person in the list on your Grandmother's trust document steps in as the successor trustee. Powers of attorney are invalid once the principal has died. Your mother's Power of Attorney (which has expired) has nothing to do with your Grandmother's trust.
What legal crime is it to break a power of attorney?
It's a felony.
Is a general power of attorney allowed to add self as contingent benefactor on life insurance policy?
It is the person you are naming that has the power of attorney that can be the contingent beneficiary. You would be better to create a trust and make the trust the beneficiary
Can you give anybody your power of attorney?
They cannot obtain power of attorney over you. Unless a court specifically appoints them, and then there would have to be a competency hearing.
What to do if my mother died and appointed my sister power of attorney and she did not give me no money?
Power of attorney ends at death. Seek a probate attorney the estate would have to be shared with the remaining benaficiarys if no will or trust is in place.
Is power of attorney part of estate planning?
Whether you create a will or a revocable living trust, it is important to have a durable power of attorney. A durable power of attorney is a document that designates a person who can sign on your behalf and handle your financial matters in the event you are incapacitated.
Can the surviving wife break a family trust that was created by her husband?
It depends a great deal on how the trust was set up. In most cases, no, but consult an attorney in your jurisdiction.
Can a person who has power of attorney over a trust account change that account into a joint account?
no In order to change the account you must be the Grantor of the Trust.
How do you get power of attorney when a person becomes senile if you already have a living trust declaring you will have the default power of attorney if the person becomes incapable?
You have provided some conflicting information. If you are a trustee under a living trust, you only have power over the property that the trustor/grantor transferred to the trust. The specific powers granted to the trustee in a trust instrument constitute "powers of attorney" only over the trust property, nothing else. You have no other authority to act on behalf of the person or their affairs. If the person in question no longer has the legal capacity to execute legal documents they cannot execute a POA or make any more transfers to the trust. You should consult with an attorney who can review your situation and explain your options at this time.
What happens if both primary and secondary beneficiary die. Second beneficiary had approved power of attorney to another sibling - what happens then?
A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
