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Nobody has a power of attorney unless the individual has duly appointed them. And if they are deceased, no power of attorney is valid, as they expire at death.

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Q: Who has power of attorney if there is no spouse or children?
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Does biological children have rights to deceased fathers assetts if the step mother is power of attorney?

The power of attorney expired on his death. In most cases the spouse gets the estate if there is no will.


Can you write your spouse name on a legal document then sign your name and put power of attorney?

If your spouse has granted you the power of attorney. Otherwise it would not be valid.


Can you legally sign a document for an incompetent spouse if the daughter of the incompetent spouse has Power of Attorney?

If the daughter has a valid Power of Attorney then she can sign for the incompetent. The Power of Attorney must have been executed when the spouse was competent and clearly to remain in effect in the case of a later incompetency. In most jurisdictions this would be knows as a Durable Power of Attorney.


Can wife sign for spouse or does son who is power of attorney have to sign?

The person with the power of attorney has to sign for the individual.


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.


Does marriage create Power of attorney with your spouse?

Marriage does not automatically create a power of attorney. They have to specifically grant the rights.


Can adult children take Power of Attorney away from Step-Mother in Florida?

The question is very unclear. I am going to guess that you hold a power of attorney from your spouse, whose mental condition is altered. The spouse's children are concerned that you are looting the property of your spouse and converting their inheritance into your own property. On those facts, they certainly can have your power of attorney revoked, have themselves appointed as guardians of your spouse, and sue you to make you explain what you have done with every penny of the spouse's money that you took up under the power of attorney. If it appears that you took the spouse's separate property (i.e., not marital property) and you cannot show that you spent the money on the care of the spouse, then expect to spend time in prison. Florida protects its senior citizens with as much vigor as a bear protecting its young.


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.


Where can you get a copy of your prenutual agreement?

If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.


Who has legal power the spouse or the attorney in fact under the power of attorney?

If a married person (the principal) granted a power of attorney to someone other than their spouse, that other person has the superior authority set forth in the power of attorney document, usually to make decisions and act on behalf of the principal. If you object you should have that situation reviewed by an attorney.


How do you sign for your spouse on a mortgage?

Your spouse must execute a power of attorney that grants you the right to sign legal documents on their behalf. You need to consult with an attorney.


Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?

That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.