Anyone who would like someone else to act in their place for financial or medical matters.
Yes. You should be sure to have a general power of attorney and/or medical power of attorney.
Once you have completed the Power of Attorney, you should give the original to whomever you named as the power of attorney (attorney-in-fact) and keep a copy for yourself.
You should have an attorney make a Power of Attorney resignation letter. If there is no attorney, you will write up a letter expressing your desires and have it notarized.
The will should take precedence. A power of attorney ends on the death of the grantor.
You first have to authorize a power of attorney form, then make them sign as the 'Principal' and you should sign as the 'Attorney-in-Fact' If your parent is competent their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options and the consequences of executing a power of attorney. If your parent is not legally competent then you must petition the court to be appointed their legal guardian.
NO Please look up "power of attorney" I think you will be surprised!
No. That type of self-dealing would be too easy to challenge in court. It would constitute self-dealing by the AIF which is a violation of statutory laws that govern fiduciaries. An attorney-in-fact under a Power of Attorney should bot be involved with the making of a will. If the principal wants to make the AIF their beneficiary, the principal should have the will drafted and properly executed by an attorney.
Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.
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.
If the Durable POA is valid in the state where it will be used then it should be accepted.
Unless you were specifically granted a "General Power Of Attorney" your responsibility and powers extend only as far as to what was granted in the POA you possess. You should consult an attorney to have them read it for the specifics.
A Power of Attorney expires immediately upon the death of the principal. The attorney-in-fact has no power whatsoever to do anything with property after the death of the principal. You should discuss this situation with an attorney ASAP or with someone in your local district attorney's office. The attorney-in-fact had no legal power to sell property of the decedent and can be criminally prosecuted.