If acting as an attorney-in-fact then you must sign the person's name on the signature line and write "Acting as POA for (principal's name)" underneath.
You sign the principal's name and below the signature line print your own name followed by "as attorney-in-fact under a Power of Attorney dated ______."
The person given power to act under a Power of Attorney document is called the Attorney-in-fact or Agent.
No. An attorney-in-fact or agent under a Power of Attorney cannot assign their power to someone else.
If the attorney-in-fact dies the principal must execute a new POA appointing a new attorney-in-fact.
A person can choose whoever they want as their attorney-in-fact. There is no legal order they must follow. It is the free choice of the principal as to who they name as attorney-in-fact under their Power of Attorney document.
Not unless she is his attorney in fact under a power of attorney.
An attorney-in-fact under a Power of Attorney has complete access to the principal's assets including bank accounts.
If the life estate belongs to the principal, the attorney-in-fact can release it on behalf of the principal. See related question.
Yes. A POA expires when the principal dies. Therefore, you will have no Power of Attorney when the testator has died. Also, an attorney-in-fact under a Power of Attorney cannot make any changes to a person's will.
A Power of Attorney expires immediately upon the death of the principal. The attorney-in-fact has no power whatsoever to do anything with property after the death of the principal. You should discuss this situation with an attorney ASAP or with someone in your local district attorney's office. The attorney-in-fact had no legal power to sell property of the decedent and can be criminally prosecuted.
The terms you used in your question are used incorrectly. A person cannot be an attorney-in-fact under a POA and an executor at the same time. A power of attorney serves a living person. There is no executor appointed until the testator dies.A POA gives an attorney-infact the authority to act on behalf of a living person (the principal). An attorney-in-fact is prohibited by law from transferring the assets of the principal to their own use. When the principal dies the power of attorney is extinguished and an estate representative must be appointed. An executor is appointed by the court if the decedent left a Will. A person isn't an executor until the will has been allowed by the probate court and the court has appointed the executor.You need to consult with an attorney ASAP who can review your situation and explain your options. You may need to sue the AIF.
An agent under a Power of Attorney would sign the principal's name on the signature line and underneath add, "by Simon Crowell, attorney-in-fact".
When you sign a document under a Power of Attorney you sign the principal's name on the signature line. Underneath you print "By Jane Doe as attorney-in-fact for John Doe".