A power of attorney represents a living person. Immediately after their death, the power of attorney is no longer valid.
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.
Once you have completed the Power of Attorney, you should give the original to whomever you named as the power of attorney (attorney-in-fact) and keep a copy for yourself.
Your attorney-in-fact acts for you at your request and for purposes of convenience. She/he has no right to take possession of and keep your property. If that has happened, revoke the POA and demand the return of all of your property to you. Notify any institution where your attorney-in-fact used the POA that it has been revoked. Then you can appoint a new attorney-in-fact. Self-dealing by an attorney-in-fact is against the law and you should not allow a person who you don't trust to have access to your property.
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Keep all of your notes and papers in place. Diary what has happened with your attorney. If you haven't done so, tell your attorney about the potential conflict of interest. You may also want to contact the state bar.
Power of Attorney, Revocation(Download)I, _______________ (“Declarant”), of _____________________________ (Address), through my Power of Attorney dated __________________ (“Power of Attorney”) made and appointed ________________, my true and lawful attorney in fact for the purposes, and with the powers set forth in the document.I hereby give notice that I have revoked and canceled, and hereby do revoke and cancel, the Power of Attorney, and all powers and authority given, provided or implied therein to in that Power of Attorney.In witness of this act, I have signed this Notice of Revocation of Power of Attorney on _________ (Date)._______________________Revoker of Power of AttorneyOn this _____________ (Date), before me, personally appeared known to be the person described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed.__________________Notary PublicCommission Expires on:Power of Attorney, RevocationReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. If in doubt, always revoke a Power of Attorney granted to another person. You can always reinstate a new Power of Attorney with that person or another as circumstances dictate.1. Sign this Revocation of Power of Attorney in front of a notary to insure its holding up in Court should it be challenged at a later date. This is not absolutely required but it is strongly recommended. Courts tend to be partial to notarized documents.2. Practically, your best bet after this Revocation is to recover and destroy all copies of the prior Power of Attorney then outstanding.3. Send notice of the Revocation to anyone who had a copy of the original Power of Attorney, or any related party whom that person might have dealt with such as a bank, trust, or other fiduciary. Keep copies of this mailing list.4. Keep a copy of the document in your home safe and another in accessible home files. If you have an attorney, be sure they have a copy as well.
You may revoke a power of attorney at any time by giving proper notice to the person you had authorized to act for you. A revocation of a power of attorney is not effective as to a third party relying on the power of attorney until the third party receives actual notice of the revocation.
No. A POA gives no such power over your person or affairs to the attorney in fact. The AIF can only act upon your request and for your convenience. If you are still of sound mind, you can simple revoke your Power of Attorney at any time and without delays. Even without revoking the power of attorney, you still have the right to make decisions in your own behalf. Read the Power you signed. If it was done properly, all of this is clearly stated.For someone to have that kind of authority over you they would need to be appointed your guardian by a court of law.
Yes. You may contact creditors and inform them of the situation. This will not keep them from intitiating collection action or reporting to credit agencies. Having a power of attorney does not make the person financially obligated. In some (not all) states a power of attorney grants legal authority to file bankruptcy or other actions on behalf of the debtor.
no
Yes she can. She is the one deciding what is best for her as if your mother decided by herself.
No because it is your responsibility to keep track and manage your own finances. Unless you gave someone power of attorney over your finances then it is their responsibility to manage and keep track of your finances.