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"Power of attorney" means a written instrument, "Attorney-in-fact" means a person granted authority to act for the Principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term.

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Q: What is power of attorney and when does it apply?
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Can you apply for power of attorney and legal guardian?

Consult your lawyer.


How do you get a power of attorney for a deceased sibling?

A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.


Can the principal in a power of attorney request for it to be extinguished?

They certainly can request it be extinguished. If they are competent to handle their own affairs they apply to the court. If they granted the power of attorney, they can revoke it.


How does a benficiary of one who is deceased obtain power of attorney?

A power of attorney can only be granted by a living individual. You want to be appointed executor of the estate, apply to the probate court.


Dad died and we are trying to close his accounts and need a form showing power of attorney. How do we get one showing our mom has power of attorney?

She does not need a power of attorney. She needs a letter of authority to act as executor. Apply to the probate court to be appointed.


How do you obtain power of attorney for an incompetent spouse?

You can get a power of attorney form online or at your local office supply store.


How do you get power of attorney over your stepfather who passed away eleven years ago?

Only a living person can have a power of attorney. You want to apply to the court to be appointed executor of his estate.


Can the adult child be the power of attorney without a will by the deceaesed?

A power of attorney is only used to represent a living person. After death, they would apply to the court to be appointed executor of the estate.


How can one sibling get power of attorney without the other siblings consent?

Apply to the probate court for the power. If the circumstances warrant it, they can grant that power.


Does power of attorney apply in other states?

Yes as long as it is in compliance with the law of that state or jurisdiction.


How do you obtain power of attorney for my mother who is in comma?

You apply to the probate court with the proper documentation. The will normally issue an emergency power of attorney for a period of time until a more formal hearing can be held.


Who is next in line if no power of attorney?

No one because a power of attorney represents a living person. The power of attorney ends with the death of the grantor. They can apply to the court to be made executor, but there is no precedence.