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How can a person become power of attorney over a person who is unable to appoint someone?
Wiki User
∙ 11y ago
Notify your state attorneys office. Especially if it is an elderly person. The laws are now very strict. Also, was the power of attorney drawn up through an attorneys office or was it just signed and notarized by both parties. If through an attorneys office, contact them and let them know. You can also go to the courthouse and ask them what you would need and the proper wording - to request a hearing in front of a judge. Usually you just type up a paper and file with the court then they will assign a court hearing in front of the judge with all parties involved within a few weeks. Does the person who assigned the power of attorney know that abuse of this power is occurring? If a close family member you could also try going to them and having them sign a document overturning the power of attorney. It would have to be signed and notarized by both parties.
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoIf you believe the parent is no longer capable of managing their own affairs then you must petition the court to be appointed the guardian or conservator. You should consult with an attorney who can review your situation and explain your options.
However, if your parent is of sound mind and doesn't want to grant a Power of Attorney there is nothing you can do about it at this point. You must wait until they become legally incompetent and petition the court as stated above.
Wiki User
∙ 14y agoThe principal can revoke the power of attorney and sign a new one appointing a different attorney-in-fact.
Wiki User
∙ 11y agoThey will have to apply to the probate court. The court can grant the authority to someone to take care of the estate of the individual.
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Can an incapacitated person legally appoint someone as their attorney in fact under a power of attorney without a hearing?
If that person has legal capacity the answer is yes. If the person does not have legal capacity then the court must appoint a guardian.
Who is executor of the state when there is no will in the state of IL?
The court will appoint someone. It may be the person opening the estate, or an attorney or bank.
Can a person give the Power of Attorney they have for someone who is now unconscience to another person due to their own health issues?
They do not have the ability to transfer the power of attorney. A court can appoint a new one.
How can the person who has power attorney get out of it?
You can resign in writing and the principal can appoint another attorney-in-fact.
What court oks a power of attorney?
Powers of Attorney do not need to be approved by a court. Any person can execute a Power of Attorney to appoint a personal agent. Courts appoint guardians.
How do you remove yourself as executor or power of attorney from a person will in California?
You do not have the power to do so. Only the testator can change the will. You can always decline the responsibility and the court will appoint someone else.
Can someone with powers of attorney sign another power of attorney on behalf of the person the original power of attorney is for after they have died?
No. A POA can only be executed by the principal and it ends upon the death of the principal.
What if there's no suitable personal representative will the probate judge appoint someone?
Yes, the court will appoint someone. If the family agrees on a person, that is who they appoint. If there is controversy, they may appoint a third party to serve.
Can you appoint someone Power of Attorney just because you're lazy and don't want to deal with money etc?
Yes, you can. Make certain the person you choose as your attorney-in-fact is completely trustworthy because they will have access to all your assets.
Can executor appoint a representative?
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
Can a person appoint themselves Power of Attorney when there's four other adult children?
No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.
Do you need a power of attorney after your dads death?
A power of attorney can only represent a living person. After death, the court will appoint a an executor for the estate.
