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How does the family take control over from the Power of Attorney when the ward has Alzheimer?
Jmcduffie123
They would have to prove to the court that the POA was awarded AFTER the effects of the Alzeheimer's had become a factor in the ward's mental processes. If it was awarded BEFORE the ward manifested the illness this might prove a difficult burden to overcome.
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∙ 14y ago
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If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
Can a power of attorney be revoked by other family members?
No only the grantor can revoke a power of attorney. That may be the court. And death will terminate the power of attorney.
Does power of attorney give the person with power of attorney the right to decide complete the burial decisions?
The power of attorney terminates on the death of the principle. At that point the family makes decisions.
You have joint custody of your grandchild will being the power of attorney of the child also give you more control?
no, having joint custody gives you more control than having power of attorney.
When a person dies and no one name was on it but hers can a family member get the money out if they were her power of attorney?
The power of attorney has no rights after the death of the grantor.
If a person that reserves a life estate in property but does not occupy the property becomes incapacitated and has a power of attorney does the appointed person have control over the property?
The power of attorney will have control of the property as long as the individual remains living. The life estate and the power of attorney expire on the death of the grantor.
Can life insurance beneficiaries be changed when someone has alzheimer's?
If a life insurance beneficiary has alyztimers and is in a nursing home, can the power of attorney or nearest living relative receive it?
Can my grandmother who has Alzheimer's sign a quit claim deed to her grandchild even though my uncle has power of attorney over everything?
It would depend on who granted the uncle the power of attorney. If the grandmother granted the PoA, she can revoke it at any time. If the PoA was granted by a court, no she cannot.
What happens when a power of attorney dies and the principal is incapacitated in the state of Virginia?
If the Attorney In Fact dies, then the Power of Attorney is null. In most states this means that if the individual is incapacitated the next of kin can have that person adjudicated incompetant in Probate/Family court and can take over the affairs. NB: a Power of Attorney is a document. An Attorney In Fact is the person to whom a power of attorney is granted.
Your mother has Alzheimer's. A predator has power of attorney and had your mother change her will. Can the power of attorney be revoked?
You need to speak with an attorney as soon as possible. If your mother is legally incapacitated she cannot execute a POA document nor can she change her will. You need to petition the court to be appointed her guardian so that you can take care of her, her assets and protect her from predators. You should consult with an attorney who specializes in elder affairs or probate. Do not delay.
If you have power of attorney for a family member's financial care do you need a different power of attorney for personal care?
Unless you were specifically granted a "General Power Of Attorney" your responsibility and powers extend only as far as to what was granted in the POA you possess. You should consult an attorney to have them read it for the specifics.
Who is next in line if no power of attorney?
No one because a power of attorney represents a living person. The power of attorney ends with the death of the grantor. They can apply to the court to be made executor, but there is no precedence.
