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How do you remove yourself as poa if the principal is not competent?
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How do you remove someone as the attorney-in-fact under a Power of Attorney when the grantor is mentally ill?
Generally: A general POA would expire when the principal became incapacitated. If there is a durable POA that was executed when the principal was competent then someone must petition the court to be appointed the guardian. A court appointed guardianship would extinguish a durable POA.
Can an attorney-in-fact under a power of attorney name a successor on behalf of an incompetent principal?
No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.
How can you determine if a Durable POA was revoked?
You must obtain that information from the person who executed the POA- the principal. If the POA was recorded in the land records you could check there for a revocation. If the principal is still legally competent they can execute a revocation now and deliver a copy to the attorney in fact and any facility where it was used.
How can a delegation of power of attorney be revoked if principal is incompetent?
The principal is the one that determines when and if a power of attorney is usable. The document itself usually specifies when it can be invoked and for what purposes.
Can a POA sue a person even if the person who assigned POA is dead?
No. A POA expires when the principal dies.
Can you get the back pay that is owed to the deceased person if you are the power of attorney?
No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.
Can an attorney in fact under a power of attorney be removed if they won't give a sufficient accounting?
The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.The principal can terminate the power of attorney any time by notifying the attorney in fact in writing as well as any facility where the POA was used. If the principal is no longer competent to terminate a durable power of attorney, a family member can petition to be appointed the guardian or conservator and that appointment once allowed would automatically terminate the POA.
Can a husband obtain a POA over incompetent wife with dementia without using an attorney?
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
If you had power of attorney and it was revoked and another POA is abusing the privileges what can be done to insure that person does not get everything once the person dies?
A POA gives one person (the attorney-in-fact) the authority to sign legal documents on the behalf of another (the principal). The fundamental reason for a POA is for the convenience of the principal. There are no personal privileges accorded to the POA unless they are set forth in the instrument that created the POA. If the attorney-in-fact is abusing their authority the abuse should be brought to the attention of the principal so they can revoke the POA. Only the principal can revoke a POA. If the principal is not capable of making the decision to revoke the POA or have become vulnerable to undue influence then you should seek legal advice to discuss your options. Perhaps a guardianship or conservatorship is needed. If someone is appointed guardian, the power of attorney would be extinguished. A POA expires when the principal dies. Therefore the attorney-in-fact has no special status as an heir when the principal dies unless you think they have used undue influence on the principal to draft a will that unjustly favors the attorney-in-fact. Again, you should discuss this situation with an attorney who can review the situation and explain the options.
What if the person who has our power of attorney is incompetent?
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.
Can a step daughter file for power of attorney?
No. A person has the right to choose any person as their attorney in fact under a POA. The children have no special standing as long as the principal is of sound mind and legally competent. Only the principal or a court order can extinguish the POA.
Can a next of kin overturn a power of attorney?
If the principal is still living and capable of managing their own affairs their relatives cannot change the POA. If the person becomes incapacitated a General POA is extinguished and the relatives can petition for a guardianship of the person. If there is a Durable POA in effect it remains in effect even after the principal becomes incapacitated but the relatives can petition for a guardianship of the person and if granted the POA will be extinguished. If the principal is deceased the POA is extinguished and the next of kin must probate the estate.
