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What can a person do if the court appointed attorney is not doing their job?
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How do I obtain a power of attorney over spouse?
You can't. A POA is granted to enable the grantee to assist the person while he or she is living. A POA becomes null and void upon the death of the grantor. Estates are handled by executors or executrixes that are chosen by the deceased person by means of a will, or they are appointed by the probate court.
Is a power of attorney a contract?
Typically you would not file it with the court. You would present a notarized copy to the person you are doing business with. If it happens to be a court proceeding, then the court would get a copy.
How do you get durable power of attorney if the patient is in a coma?
You cannot get a power of attorney from a patient in a coma. In order for a person to make a power of attorney or any legal agreement, the person must be competent to know the nature of what it is he/she is doing and voluntarily choose to do it. A comatose patient has no awareness of the nature of the agreement and cannot take any action to make the power of attorney effective. At that point only a court appointed guardian or conservator, or other similar type of fiduciary, can take over and manage the affairs of the patient.
Can you represent a defendant in court even if im not a lawyer?
Yes, a person can choose to be represented in court by someone who is not a licensed attorney. An attorney is better suited to help in court since they know the laws.
What is it called When a person accused of a felony will be appointed an attorney and will enter a plea?
In this state you would go before the judge for an arraignment. You would consult with the judge concerning an attorney before you would be allowed to enter a plea. You would be not allowed to enter a guilty plea until you had either consulted with an attorney or waived your right to consult with an attorney. You would be informed that the state would appoint you an attorney if you can not afford one. (They do not inform you he will be just out of law school and not have any idea what he is doing.)
Can you get a warrant dissolved if was never ordered to come to court on the matter?
You may be able to get a warrant dissolved if you talk to an attorney or petition the court in this matter. You may not want to draw attention to yourself in some cases by doing this. It would be best to consult an attorney.
How do you obtain power of attorney over a parent?
A power of attorney can only be granted by a person who has legal capacity. If your parent is competent, which is described as a medical physician stating that you are able to think for yourself with an open and clear mind, they must voluntarily execute a POA document. If your parent is incapable of making their own decisions you need to petition the probate and family court to be appointed as guardian. You will then serve as legal guardian under the supervision of the court. You should consult with an attorney who can review the situation and explain your options.
What is the role of the attorney when a person is adopting through the state?
The attorney is usually the mediator between the person who is the doing the adoption and the family that is getting the child. The attorney make sure all of the needs are met on both sides and that the paperwork is finalized and completed correctly.
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
What is the penility for not doing court appointed community service?
Why would you not do what is required and have to deal with it later on - Just go to www.communityserviceonline.org and complete your hours fast and easily.
What do you call the person that did something bad in court?
The person who has been found guilty of doing something bad in court is typically referred to as the defendant.
If a person wants to dissolve their life estate but has granted a Power of Attorney can the attorney-in-fact under the POA stop them from doing so?
Yes. You can execute a release of the life estate. That type of action would fall under selling or transferring an interest in real estate. The release should be recorded in the land records in order to clear the title to the real estate.
