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I have a durable power of attorney granted by my grandmother. How do I get her mental capacity tested?
Wiki User
∙ 12y ago
Contact her primary care physician. They should be able to advise you. If they cannot help you initiate testing then you need to consult with an attorney.
Contact her primary care physician. They should be able to advise you. If they cannot help you initiate testing then you need to consult with an attorney.
Contact her primary care physician. They should be able to advise you. If they cannot help you initiate testing then you need to consult with an attorney.
Contact her primary care physician. They should be able to advise you. If they cannot help you initiate testing then you need to consult with an attorney.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoContact her primary care physician. They should be able to advise you. If they cannot help you initiate testing then you need to consult with an attorney.
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What can a durable power of attorney perform?
The agent can act only within the scope of authority granted in the power of attorney.
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.
As the wife can you get durable power of attorney through the court?
No. A POA must be granted by the principal.
At what point is power of attorney granted?
When a person is ill or of an advanced age a POA must be executed while the principal has the legal capacity to do so. A Durable POA will remain in effect even after the principal has become incapacitated.
Can a West Virginia notary notarize an Ohio Durable Power of Attorney papers?
The authority to notarize is granted by the state. If the documents are signed in West Virginia, the notary can notarize them.
Can you still write checks on an account that includes your name after your mothers death with a durable power of attorney?
If you are one of the account holders, yes. You do not need a power of attorney to do so. Also a power of attorney expires on the death of the grantor.
Does power of attorney supersede next of kin?
Yes, as long as the principal is living and the power of attorney is durable. Once the principal dies the POA is extinguished and the estate must be probated. The court will appoint an estate representative. On the other hand, if the principal is incapacitated the family can petition the probate court to appoint a guardian and if granted, the guardianship will supersede the POA and the POA will be extinguished.
What can you do if you are appointed power of attorney?
The authority granted to you is specified in the power of attorney form.
Can the durable power of attorney rule over medical power of attorney?
No. You will find that they are regarded entirely differently. The decisions of the holder of a durable POA will not be accepted or acted upon by the medical community. A specific medical POA must be granted for medical and end-of-life issues.Another PerspectiveSome Durable Power of Attorney documents can be drafted to include broad powers including including the power to make medical decisions. An example from Alabama is provided in the link below. If a person executes both a Durable POA and a Medical POA they should make certain the powers do not overlap so as to cause a problem when medical decisions must be made on behalf of the principal.
Mother has dementia and a revocable trust you have power of attorney can you transfer the deed on the house to your sister and yourself by a quitclaim deed and sign it as power of attorney?
IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.
Can a POA stop a person from taking money out of the bank?
The Power of Attorney does not have the ability to stop the individual that granted the POA to them. They have the rights granted in the power of attorney.
What is a motion hearing?
A motion hearing is a court proceeding where one party asks the judge to make a decision on a specific issue or request. These motions can address various legal matters, such as evidence admissibility, case dismissal, or procedural matters. The judge will listen to arguments from both sides before issuing a decision.
