The attorney-in-fact should be given written notice that the POA has been revoked.
If you are not served with papers and you know about the pending case than you should contact a family law attorney to get you in the court and part of the custody. Its too complex to do it yourself. Retain an attorney.
Depends on what type of issue they are handling. If it deals with divorce, probably. If it is simply business deals or even criminal cases, no there isn't a conflict of interest, unless he is representing both parties in the same action or negotiation and they are on opposite sides.
Yes. If there is an issue where the family member/attorney would have a conflict of interest, he/she is ethically obligated to let you know about it. In most cases, this is not an issue.
Yes, a legal letter generally requires a signature to be considered valid and to be treated with legal significance by another attorney. A signature on a legal document confirms the authenticity of the sender and their intent to take responsibility for the contents of the letter.
Of course it would help to know what state you are in, however in most states: Only the party that holds the account can access it. In the event the account holder is incapacitated or terminally ill, then it would be the next of kins responsibility to appoint a "gaurdian-ad-litem". The name of this may vary in your state but the purpose is the same. You request the court for permission to handle the incapacitated persons affairs. That is assuming they do not have a living will. In that event a person has been named and a directive has been introduced. Once the individual dies their Last Will (testate) will have specific bequest as to money, property (real and personal), bonds, etc... If their is no will (intestate) then the next of kin needs to file a list of heirs with the probate court in the jurisdiction where the decedent resided. Gets complicated from here.... hope this helped
A durable power of attorney terminates when:The principal dies;A legal guardianship (or conservatorship) over the principal is allowed by the court;The principal or a judge revokes the power of attorney
A person (the principal) can only grant a Power of Attorney to an attorney-in-fact to handle their solely owned property. For example, if you own real property with another person, your attorney-in-fact could only sell your interest in the property. They have no authority over your co-owner's interest.
If you are the principal all you need to do is revoke the Power of Attorney in writing and send it to the attorney-in-fact to inform him/her that their authority has been revoked. You should send or deliver a copy of the revocation to any entity or facility where the POA was used, especially your bank. You could record the revocation in the land records office. You could also protect yourself by placing a legal notice of the revocation in the local paper, keeping a copy of that page of the paper in your records.An attorney-in-fact who will not surrender a POA can be a problem but if they use it to access your property when they know you have revoked it they are stealing and will be subject to criminal prosecution. You would be wise to protect yourself by covering all the bases thereby making it impossible for the revoked POA to be used.
If your mother grants you the power of attorney. Otherwise it will require a court order.
smart one i don't know
They cannot obtain power of attorney over you. Unless a court specifically appoints them, and then there would have to be a competency hearing.
That could be grounds for revoking the power of attorney. It could also result in criminal charges for fraud.
Yes, but you'll need to bring the power of attorney form and proof of who you are to the bank. If the teller doesn't know what a power of attorney is then all you have to do is get the manager. They always deal with power of attorney agents, and know what the form gives you authority to do, which is act on the behalf of the executor in all financial matters, except matters specifically stated in the form that the agent can't handle.
Of course not! A power of attorney must be granted by the person, it cannot be taken without a court order.
You need to contact law enforcement (who may not actually be able to assist you) and the court system ASAP. I STRONGLY suggest that you contact an attorney to help you, as I believe that you could be in for a long and nasty struggle.
Wouldn't you have had to GIVE them power of attorney; like if you were sick or in jail or out of the country?
I guess this could vary by state, but everywhere I know of the answer is no, Medical Power of Attorney documents do not need to be filed with doctors.