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How can you get power of attorney over a parent who is already incapacitate?
Wiki User
∙ 12y ago
No. You cannot be named attorney in fact for someone who is legally incapacitated. If she cannot comprehend the nature of her actions, and the consequences of executing a power of attorney, then she cannot lawfully execute a POA. If that is the case you must petition the probate court to be appointed a legal guardian. See related question link.
Wiki User
∙ 11y ago
Wiki User
∙ 12y agoYou apply to the probate court for a Letter of Authority. Consult an attorney in your jurisdiction for assistance. It is pretty straight forward as long as there aren't people fighting the appointment.
Wiki User
∙ 14y agoIf a person does not have the legal capacity to execute a Power of Attorney then someone must petition the court to be appointed their guardan with power to handle their affairs and property. Legal capacity is the ability to understand the nature and effect of one's acts. If a person has become too ill to handle their own affairs it is too late to execute a POA. You should consult with with an attorney who can review the situation and explain your options.
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What are the power of attorneys rights over a parent that is of sound mind?
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 The power of attorney is given by the parent and can be withdrawn at any time.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.
How do you obtian power of attorney over a parent in NH?
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.
Are children responsible for their parent's debts when the parent dies even if you are power of attorney?
No
Can elderly parent force adult children into power of attorney?
No
How can a parent give another parent the right to make decisions for their child?
Notarized Power of Attorney
is a power of attorney for a parent filed anywhere other then with the power of attorney?
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.
Can a granddaugther be head of estate if she was already the power of attorney?
Anyone can serve as executor. The Power of Attorney died with the grantor.
When you sign a new power of attorney does it supersede a current power of attorney that is already in force?
You must revoke the first one.
Can the biological mom get child back if foster parent have power of attorney?
The foster parents do not have "power of attorney" . They have guardianship. You need to consult with an attorney who can review your situation and explain your rights and options.
What if you don't want to be a power of attorney?
Then you do not have to be, you can either sign a power of attorney revocation form if you already have authorized a POA form or you can just not sign the POA form if you are being asked to be power of attorney.
Can the executor of the will put the parent in a home?
No. As the executor of a will, your role as executor is not triggered until the party who named you executor dies. If the parent is still alive, you'd need a power of attorney (document) naming you as the power of attorney to make decisions for the parent in the event that the parent is incapacitated or incapable of making decisions on his or her own behalf.
Why would you need power of attorney if parent is deceased?
You wouldn't need one, as a power of attorney only represents a living person. After their death, a power of attorney would no longer be valid. You need letters of authority to close the estate.
