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

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2005-12-01 21:00:15
2005-12-01 21:00:15

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

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Yes. Unless power of attorney was granted to the caretaker children, the parent retains all their rights as an adult.

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

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The child who was granted Power of Attorney is the only child with any "rights". Children have no "rights" in their parent's property while their parent is living.

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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 The power of attorney is given by the parent and can be withdrawn at any time.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.

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

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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.

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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.

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Anyone can be appointed as a power of attorney. The only requirement is trust and being an adult.

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Nolo Press publishes a series of good do-it-yourself books on common legal problems and how to prepare common legal documents. A competent adult must voluntarily provide you with a power of attorney. You cannot force someone to give you a power of attorney.

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Apply to the probate court. They will review the situation and grant the power of attorney.

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The responsibility for making funeral arrangements in Indiana follow a specific order. The order starts with a person named in a funeral planning document or the person who holds a power of attorney over the deceased parent. If there was not a funeral planning document or power of attorney, the responsibility goes to a surviving spouse, then an adult child, and lastly to any adult next of kin.

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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.

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Nobody has a power of attorney unless the individual has duly appointed them. And if they are deceased, no power of attorney is valid, as they expire at death.

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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.

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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.

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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.

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It is generally the adult children of the elderly person that tries to get their parent into a nursing home if the elderly person is no longer competent to look after themselves, but in many States and in Canada this has to be doctor approved for the security of that elderly parent because some elderly parents are quite capable of living with their grown children or even on their own. However, either in a Will or if the elderly person is lucid (thinking very clearly) they can name anyone to become Power of Attorney to care for them if they do not trust their adult children's decisions.

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

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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.

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A step mother can only be a power of attorney if she has legally adopted the child. The parent or legal guardians of a child can also sign over power of attorney to a step mother.


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