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Three parties are given power of attorney jointly and severally Do all parties have to sign documents to be accepted or can one of the 3 sign and the others still be responsible?
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∙ 15y ago
The following is an edited excerpt from a booklet published by the Ontario Ministry of the Attorney General in 2008 dealing with the subject of Powers of Attorney. The following is provided for general informational purposes only. The law relating to Powers of Attorney may vary considerably from one jurisdiction to another. For legal advice, consult a lawyer. JOINT OR SEPARATE ATTORNEYS You can name more than one person as your attorney for property. If you do this, you may decide whether they will share the job or divide their responsibilities. Or, you could name one person as your attorney and another person as a substitute or backup who could step in if your first choice resigns, gets sick or dies. If you have appointed more than one attorney, the law will require them to make decisions together unless you specifically give them permission to act separately. You can give permission to act separately by writing it down. If you don't do this, your attorneys will be required to act together all the time. There are some good reasons for giving your attorneys the flexibility to make decisions separately. Think, for example, about what would happen if one of your attorneys was temporarily unavailable because of sickness, vacation, or some other reason. If your attorneys are allowed to act separately, this will not be a problem. On the other hand, you may decide not to give this permission if you want to ensure that there is always a "double-check" regarding the decision. You may also wish to avoid the risk of inconsistent decisions that may occur as a result of attorneys acting separately. If you decide that your attorneys are going to make decisions together, it's a good idea to specify how disagreements get resolved. You might say that in a case of conflict, one attorney's decision will override the other's. Otherwise, your attorneys might have to go to Court and the judge will have to decide. If you have named more than one attorney and you want them to be able to act separately from one another, write the words "jointly and severally." ("Jointly and severally" is a legal term which means "together and separately.") If you don't do this, your attorneys will be required to make your financial decisions together at all times.
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∙ 15y ago
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What is meant by jointly and severally in a power of attorney?
"Jointly and severally" means that multiple individuals named in a power of attorney have the authority to act on behalf of the person granting the power of attorney. This means that each person can individually act and make decisions without consulting the others, but all parties are collectively responsible for the actions taken.
I have an unsecured loan for my business with a personal guarantee. If I have to go bankrupt, am I personally responsible?
How was your business incorporated? Are you an LLC? It's quite possible that you may be responsible personally, if that was stipulated in your loan documents. The best thing would be to hire an attorney to review the loan documents and see what liabilities you have.
Who can sign if a power of attorney names more than one attorney-in-fact and states jointly or severally?
Generally, that language means the attorneys-in-fact can sign together or alone for the principal.
Will a durable power of attorney be accepted if not drafted by an attorney?
If the Durable POA is valid in the state where it will be used then it should be accepted.
Can an attorney subpoena documents prior to filing his case?
yes
In Oregon if the estate does not have enough money to pay the attorney's fees is the Estate Representative personally responsible for payment?
Generally, the estate is responsible for paying the debts of the estate and the costs of probate. However, it depends on what you signed when you hired the attorney. You need to review copies of those documents. If the executor mishandled the estate funds they may be personally liable for any resulting debts.
What is an attorney of record?
An attorney of record is an attorney who has submitted his name to the court or tribunal as the person responsible for the representation of the client.
Can attorney notarize spouse in a civil lawsuit when he is the attorney for his spouse?
A third party should notarize any documents.
Can a power of attorney evict a tenant on the landlords behalf?
That is allowable if it is a general power of attorney. Or if that is specifically named in the documents.
What is the meaning of I nominate John and Judy to serve severally?
That may mean the fiduciaries can serve independently of one another. You should ask an attorney in your jurisdiction to explain the significance of that designation.
Why would attorney motion for withdrawal?
The court must be notified so it won't waste time sending documents relating to the case to an attorney who is no longer representing one of the parties in the case. The attorney is the attorney of record until they notify the court otherwise.The court must be notified so it won't waste time sending documents relating to the case to an attorney who is no longer representing one of the parties in the case. The attorney is the attorney of record until they notify the court otherwise.The court must be notified so it won't waste time sending documents relating to the case to an attorney who is no longer representing one of the parties in the case. The attorney is the attorney of record until they notify the court otherwise.The court must be notified so it won't waste time sending documents relating to the case to an attorney who is no longer representing one of the parties in the case. The attorney is the attorney of record until they notify the court otherwise.
Where to you get Power Of Attorney Documents Online?
At businesses that sell legal forms.
