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No. A POA cannot be transferred from the holder to another individual. A new POA or guardianship order will have to be obtained through the required legal procedures by the person seeking such.

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โˆ™ 2006-03-16 13:51:12
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Q: Can a son sign over a power of attorney given by a parent to his brother?
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What are the power of attorneys rights over a parent that is of sound mind?

The Power of Attorney has no rights over a parent of sound mind. The power of attorney is given by the parent and can be withdrawn at any time. And the power of attorney automatically ends upon the grantor's death.


Can brother obtain power of attorney without family consent?

If your parents or one parent wants to give your brother a power of attorney, then your brother does not need the consent of the rest of the family. If the parent has something like Alzheimer's, you can challenge it in court. Your brother can not obtain any one's power of attorney without the approval of the person involved except with the approval of the court. It requires the approval of the judge, not the family.


Can a convicted felon be a power of attorney and executor of a will?

can a convicted felon be a power of attorney for their parent?


How can you find out if your brother had power of attorney of your mother?

Power of attorney is a deed and as such must be validly executed and clear of its intentions on its face so as attorney your brother should have the papers which your mother signed empowering him the power of attorney If your mother has now died then your brother should have the probate proving his power of attorney


How do you obtain power of attorney over incompetent parent?

you can only obtain a power of attorney if the parent is willing to give it to you, if the parent is declared incompetent by a physician then only an attorney will be able to give you P/A until the P/A dies with the death of the parent.


How do you obtain power of attorney over a competent parent?

I think you may mean "guardianship" over someone. A 'guardianship' is something that can be 'obtained' by going to court. However, you must demonstrate that the parent is incompetent and cannot care for either themselves or their affairs. Only when you convince a judge that the parent is incompetent will the court approve this. A "power of attorney" is a power that is VOLUNTARILY GIVEN up by someone to someone else. It is not something you "obtain."AnswerThe first answer addresses an incompetent parent. Since your parent is competent, their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options.


Can a brother be awarded power of attorney over his sister?

No, power-of-attorney is not awarded. It is granted by the person that it is for. His sister could grant him a power of attorney. A brother could be appointed the guardian of his sister if she is a minor and he is an adult.


How do you obtian power of attorney over a parent in NH?

You first have to authorize a power of attorney form, then make them sign as the 'Principal' and you should sign as the 'Attorney-in-Fact' If your parent is competent their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options and the consequences of executing a power of attorney. If your parent is not legally competent then you must petition the court to be appointed their legal guardian.


Is attorney in fact the same as power of attorney?

An attorney in fact represents the individual. They have a power of attorney or they have been given the rights by a court.


What is the difference between power of attorney and attorney in fact?

The person given power to act under a Power of Attorney document is called the Attorney-in-fact or Agent.


If you have power of attorney over a baby can you sign that power over to someone else?

No. Generally, a parent executes a power of attorney in order to give another adult the authority to make decisions for their child for only a short period such as when the child will be in the care of someone else as during a vacation. The person to whom the parent has given that power of attorney cannot assign it to someone else. The reason is that the person to whom the power of attorney was given does not have the right to give someone else authority over the child. That right is the exclusive right of the parent. For any extended period a temporary guardianship would be necessary and that must be done through the court system. You should always consult an attorney regarding such important legal matters.


Can the Power of Attorney assign himself and his brother to be the executor of their mother's estate?

No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.


Can one or more adult children hold power of attorney for a parent?

Yes they can and sometimes it's a good idea in case one Power of Attorney is ill or needs to leave the country. Holding Power of Attorney means two things: Either your parent(s) has given you this trusted right and signs a contract or, the person is elderly, very ill, and proven by doctors not to be of sound mind. Marcy


Can a daughter or son be power of attorney for their parent?

Yes. That is not uncommon.


Can elderly parent force adult children into power of attorney?

No


is a power of attorney for a parent filed anywhere other then with the power of attorney?

It will typically have to be filed with each third party they are working with. Without a copy of the power of attorney, a bank will not recognize the rights.


How can a parent give another parent the right to make decisions for their child?

Notarized Power of Attorney


How does one obtain power of attorney for deceased parent?

The short answer is you cannot. Power of attorney can only represent a living person.


How do you obtain a power of attorney for diseased parent?

If your parent is still competent they can sign a durable power of attorney document making you their agent. However, if your parent is already too ill to execute a durable power of attorney then you would need to petition the court of jurisdiction to be appointed guardian or conservator. You should seek the advice of an attorney to discuss your options. It is important that you do so as soon as possible.If your parent is deceased you cannot be appointed under a power of attorney since only a living person can appoint an agent. You must probate their estate.


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 legle child take power of attorney from a step child?

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.


How do you obtain power of attorney over a brother?

AnswerYour brother must execute a Power of Attorney document voluntarily. The POA must name you as the attorney-in-fact. Your brother must have legal capacity to execute a POA. If he is incapacitated then you must petition the court to be appointed his legal guardian.


Can a 17 year old hold power of attorney for a parent?

No they cannot be power of attorney. They holder must be an adult, usually at least 18.


How do you obtain Power of Attorney over deceased parent in Califnornia?

The power of attorney ends with the death of the grantor. You want to apply to be executor of the estate.


How do you get power of attorney over a died parent?

No, a power of attorney is only valid for a living person. You can ask the court to appoint you as the executor of the estate.