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Can an agent named in a power of attorney create a will for an incompetent person where one doesn't exist?
Wiki User
∙ 14y ago
Absolutely not. An attorney-in-fact cannot draft a will. In fact, how would an incompetent person execute a valid Power of Attorney and appoint an attorney-in-fact in the first place. Incompetents can't sign a legal document. When a person is not legally competent to make a last will and testament their property will pass according to the state laws of intestacy. In order to have the legal authority to handle their affairs a person must seek appointment by the court as their legal guardian.
Wiki User
∙ 14y ago
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Must you notarize the POA of an incompetent person?
It is not recommended to notarize a power of attorney (POA) for an incompetent person as they may not have the legal capacity to understand the document or its implications. In such cases, it is advisable to seek legal advice on how to proceed with matters related to an incompetent individual.
Louisiana your husband had a stroke and his kids are trying to get power of attorney?
If the husband has become mentally incompetent as a result of the stroke, he would not be considered mentally competent to grant a power of attorney to anyone. A power of attorney that is granted during the time of one's incompetency would generally not be considered valid. If a person is mentally incompetent, an interested person could generally petition a probate court (in the county in which the mentally incompetent person resides) to have a guardian of the person and the property appointed.
What can an agent do if someone tricks an elderly person into changing their power of attorney to name a different agent?
Nothing unless person is declared to be mentally incompetent at the time the power of attorney was made
Can court magistrates grant power of attorney for incompetant person?
In some cases, the court Magistrates are able to grant Power of Attorney for an incompetent person. What a magistrate can and can't do varies by local laws.
A person wants to give you the power of attorney for their finances. In this matter who is the agent and who is the principal?
The power of attorney is the form or document used to create the attorney-in-fact. The person who signs the power is the principal, the person designated as having the power of attorney is the agent or attorney-in-fact. The power can be limited and/or durable or general. It can also be limited to a specific purpose, like signing documents to purchase or sell a house. Durable means it continues in effect even though the principal becomes mentally incompetent. The power ends on the death of the principal unless revoked earlier.
Can an incompentent revoke power of attorney?
No, a legally incompetent person can no longer act for themselves. A General Power of Attorney expires when the principal becomes incompetent. A Durable Power Of Attorneyremains effective even after the principal becomes incompetent. In that case, the Durable POA would be extinguished if someone petitioned the court and was appointed the conservator or guardian of the principal.
How does a mentally incompetent person prepare a Last Will and Testament?
If a person is mentally incompetent, then they can't unless they have a lawyer to help them
If i were committed to a mental institution can I own a firearm in NH?
In general, no. A person that has been adjudged to be metally incompetent may not possess a firearm anywhere in the US. This is governed under Federal law. If a court has determined that the person is no longer mentally incompetent, you may petition for restoration of firearm rights. You need to consult a NH attorney on this.
Why does a power of attorney terminate when the principal dies or becomes incompetent?
Not all Powers of Attorneys terminate when the principal becomes incompetent. Some states all an incompetency clause in a POA that allows the agent to continue to serve even if the principal is determined be incompetent. POA terminate when a principal dies because once a person dies, a Personal Representative is appointed to their estate (either one determined by the principal through a Will, or one appointed by the court). Since a Personal Representative is required to administer any part of a decedent's estate, the POA must be terminated.
How do you declare someone mentally incompetent in miss?
To declare someone mentally incompetent in Mississippi, a petition must be filed with the chancery court alleging the individual's incapacity. The court will appoint a committee of three individuals to evaluate the person's mental capacity. If the committee determines the person is incompetent, the court may appoint a guardian or conservator to make decisions on their behalf.
How do you get a power of attorney for someone not competent?
A person who is incompetent cannot grant powers of attorney. Someone would need to petition the court to be appointed their guardian or conservator if that person needs assistance in handling their affairs. You should seek the advice of an attorney.
Can Parkinson's Disease declare you incompetent?
Only a physician or other professional can declare a person to be incompetent.
