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Is it legal for a spouse who served divorce papers to her spouse to them use a durable power of attorney in the name of the spouse being divorced?
It is legal, however any descision made with the PoA can and (unless benificial to the divorced spouse) probably will be overturned by the courts during the process of divorce. If the spouse has gotten a legal withdraw if the PoA then no, it is not legal. Any debts accrued do to use of the PoA during a divorce will most likely be turned over to the person who accrued the debt, reguardless of the PoA.
Can you as the spouse change the power of attorney?
You cannot make changes to a POA unless it is your own. For example, if your husband granted a POA to someone you cannot make changes in that POA.
Can power of attorney be done by two people?
Yes, in two instances. If there is an actual valid Power of Attorney (POA) document that states that the the POA is shared amongst more than one person, the POA is divided amongst whoever is named in the POA. Alternatively, if there is no POA document and, for example, a parent is incapacitated, the POA would automatically be divided amongst the incapacitated parent's heirs or children. This may vary from jurisdiction to jurisdiction. For instance, in your jurisdiciton, the oldest child may automatically get full POA or the POA may be divided equally amongst all living children. Without knowing where you are, it's impossible to tell. You should contact a lawyer in your jurisdiction. If there is no POA document and POA automatically is divided amongst the parent's children and there is a disagreement as to how to proceed, either with the parent's healthcare or with the parent's assets, again, a lawyer should be contacted to ascertain your rights in your jurisdiction.
If a one sibling has POA can the other siblings contest the will when the parent dies?
Yes. And if the sibling with the POA has already transfered assets out of the deceased's name prior to death, that can be reviewed and overturned as well.
Can your sister and you both have legally joint power of attorney for your mother who has dementia and parkinsons disease?
Joint POA's must be CAREFULLY and specifically worded so that the two POA holders do not come into conflict with one another and create an impasse to the treatment of the patient.
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.
If a will is deemed invalid does the spouse automatically get the estate left behind?
The spouse will be entitled to a portion, perhaps all, of an estate if there is no will.
What kind of power attorney you need in case of death of a spouse?
A Power Of Attorney (POA) is only vallid while the person who gave the power (principle) is alive. Once the principle is deceased, the POA is invalid and you may no longer act as attorney-in-fact. In order to transact business for a person who is deceased, you need to be appointed as the executor. There are sometimes certain transactions that automatically occur by operation of law, such as pay on death accounts and joint tenancy.
Is a spouse automatically a power of attorney if you become incapacitated?
There is nothing automatic about the process. Either they are granted the power by the person in question or the court has to grant it.
What is law about changing power of attorney after a diagnosis of dementia?
A regular POA expires when a person becomes incapacitated. A 'Durable Power of Attorney' remains effective. If a person has become legally incapacitated and the POA has expired then someone must petition the court to be appointed that person's guardian as well as the guardian of their property.
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.
Is there a case, if a spouse acquires monies from thee other spouse account. Signing the spuoses signature without knowledge of thee other. Can this be tried as a felony?
surely this can be tried as a felony if and if they are not operating it from joint account. forum.freeadvice.com/ If this in a state where its commenwealth, there is no felony. The only other factor is if the spouse had a POA.
