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Can my attorney in fact under my power of attorney sign a deed to my property with my permission?
Wiki User
∙ 8y ago
Yes, if the power of attorney gives them the right to sign for property. Read carefully what you sign. If you have already signed one and now feel unsure, revoke it immediately. Consult an attorney quickly if they have already sold your property without your consent or knowledge.
Wiki User
∙ 8y ago
Wiki User
∙ 13y agoYes. That is exactly the purpose of a POA. You should ask the attorney who is representing your interests in the sale and have a limited POA drafted. The Attorney-in-fact will also need to attach an affidavit signed by the AIF stating they have no knowledge the POA has been revoked, etc. The attorney can advise you.
Yes. That is exactly the purpose of a POA. You should ask the attorney who is representing your interests in the sale and have a limited POA drafted. The Attorney-in-fact will also need to attach an affidavit signed by the AIF stating they have no knowledge the POA has been revoked, etc. The attorney can advise you.
Yes. That is exactly the purpose of a POA. You should ask the attorney who is representing your interests in the sale and have a limited POA drafted. The Attorney-in-fact will also need to attach an affidavit signed by the AIF stating they have no knowledge the POA has been revoked, etc. The attorney can advise you.
Yes. That is exactly the purpose of a POA. You should ask the attorney who is representing your interests in the sale and have a limited POA drafted. The Attorney-in-fact will also need to attach an affidavit signed by the AIF stating they have no knowledge the POA has been revoked, etc. The attorney can advise you.
Wiki User
∙ 13y agoYes. That is exactly the purpose of a POA. You should ask the attorney who is representing your interests in the sale and have a limited POA drafted. The Attorney-in-fact will also need to attach an affidavit signed by the AIF stating they have no knowledge the POA has been revoked, etc. The attorney can advise you.
Wiki User
∙ 9y agoYou should consult with an attorney. That may be possible in your jurisdiction. However, transfer on death deeds are governed by state laws, which vary by state. If legal in your jurisdiction there may be other documents you may need such as an affidavit.
Wiki User
∙ 11y agoNo.
No.
No.
No.
Wiki User
∙ 8y agoGenerally, yes- unless the powers of the attorney in fact were limited in the power of attorney document.
Wiki User
∙ 11y agoNo.
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Can person with a power of attorney take property from other residents when they live in another state?
An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.
Can a person with power of attorney sell someone's property?
If someone has given you a Power of Attorney to act on their behalf you can only sell their interest in the property. If there is another owner of the property they would need to sign the deed in order for their interest to be included in the conveyance.
Can an attorney-in-fact under a Power of Attorney sell off investments which were left to someone else and then keep the proceeds?
A Power of Attorney expires immediately upon the death of the principal. The attorney-in-fact has no power whatsoever to do anything with property after the death of the principal. You should discuss this situation with an attorney ASAP or with someone in your local district attorney's office. The attorney-in-fact had no legal power to sell property of the decedent and can be criminally prosecuted.
Can an Executor who has Power of Attorney take money out of the Estate before the estate owner dies?
The terms you used in your question are used incorrectly. A person cannot be an attorney-in-fact under a POA and an executor at the same time. A power of attorney serves a living person. There is no executor appointed until the testator dies.A POA gives an attorney-infact the authority to act on behalf of a living person (the principal). An attorney-in-fact is prohibited by law from transferring the assets of the principal to their own use. When the principal dies the power of attorney is extinguished and an estate representative must be appointed. An executor is appointed by the court if the decedent left a Will. A person isn't an executor until the will has been allowed by the probate court and the court has appointed the executor.You need to consult with an attorney ASAP who can review your situation and explain your options. You may need to sue the AIF.
Can you sell your home if it is joint names and your husband is incapacitated?
If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.
Is it legal for the attorney-in-fact under a Power of Attorney to sign a DNR and make themselves the benficiary of bank assets?
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the 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.
What are your rights against someone you appointed your power of attorney who now refuses to return your property?
You need to consult with an attorney who can review your situation and explain your options. If you can't afford an attorney and the property is under the small claims court jurisdictional limits then you can file a suit yourself. You should act ASAP.
Can you sell your home if you are under chapter13 bankruptcy?
Yes, but you must get permission from the Court. You do not technically own the home while you are in the bankruptcy - it is property of the bankruptcy estate. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Can one assign a medical proxy or power of attorney?
No. An attorney-in-fact or agent under a Power of Attorney cannot assign their power to someone else.
Can anyone other than the homeowner write a lease on a property?
No. Not unless they are an agent of the homeowner under a valid Power of Attorney or other agency agreement.
Can a brother be named as attorney-in-fact under a Power of Attorney for his married sister?
Yes. A Power of Attorney gives an attorney-in-fact the authority to act in place of the principal to perform tasks such as banking, bill paying, writing checks, managing real property, etc. A person has the right to name an attorney-in-fact of their own choosing. A Power of Attorney is granted voluntarily by the principal and the principal must have the legal capacity to execute the POA.
