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Can an attorney in fact under a power of attorney be removed if they won't give a sufficient accounting?
Wiki User
∙ 11y ago
The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.
The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.
The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.
The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoThe principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.
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Can you demand to see parent's bank statements if you are not power of attorney?
Of course not! They are confidential records and none of your business. If they have passed on and this is the estate, then a full accounting of the assets have to be filed with the court. If someone else is their power of attorney or guardian, you could petition the court to have them removed.
Can you be removed as legal power of attorney without your knowledge?
The grantor can revoke a power of attorney. The do need to notify you of the revocation.
Can power of attorney be forcefully removed by another party?
Only the grantor can remove a power of attorney. In some cases that would be the court.
If when made a Power of Attorney and subject matter passes away and has only amassed debts and has no savings who bears the cost for debts and funeral arrangements?
The power of attorney expires on the death of the principal. The estate is responsible for the debts, and they may request a full accounting from the power of attorney.
Is it a crime to continue using power of attorney once one is removed as power of attorney?
Once an individual is removed as power of attorney, they no longer have the legal authority to act on behalf of the person they were representing. Continuing to use the power of attorney after removal may be considered a crime, such as fraud or abuse of authority. It is important to comply with the legal process and seek proper authorization if acting on someone else's behalf.
How do sign power of attorney in California?
A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal's name by another adult in the principal's presence and at the principal's direction. (c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.
Does sibling with power of attorney have to show accounting for expenses?
The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.
Can a power of attorney be obtained to handle my dads affairs by just going through an attorney or are you required to go to court?
A Power of Attorney can only be granted by the individual who is giving it, to some other trusted person whom they specifically name . . . . and they must be of proveable sound mind when they do it. An attorney cannot help you, nor can a court grant such a power. Perhaps you are thinking of a "Guardianship." In that case you (or an attorney on your behalf) can petition the court to award you a "guardianship" if sufficient legal qualifications are met.
Power of attorney or Powers of Attorney- Which one is the correct?
power of attorney.
What kind of attorney can handle a power of attorney?
Anyone can act as a power of attorney for someone else. You do not have to be an attorney
form needed for power of attorney?
power of attorney
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.
