You can nominate several attorneys and specify the circumstances in which they act. For example, someone might nominate their spouse and children as attorneys, but they could specify that the spouse was to act alone unless the spouse required assistance as to making a decision, or if the decision has significant financial implications, or the spouse had become mentally incapacitated. Even then the donor (person making the LPA) could further specify that the children were to act together, or one solely. Given the cost of LPAs, it is best to, as you would in a Will, give a few options, and a solicitor would advise when making an LPA.
If the husband doesn't give her the power of attorney, there is no way for her to get it. She will have to take the paperwork to him to be signed. He could grant her a power of attorney if he would like to.
If you were grated a POA to act for some other person then you have no right to transfer that power to anyone else. If an attorney-in-fact dies the principal needs to appoint a new attorney-in-fact.
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.
Not unless she is his attorney in fact under a power of attorney.
Generally, a person who is mentally ill cannot execute a power of attorney. If that is the case, she can petition the probate court to be appointed his guardian. She should consult with an attorney or a legal advocate at the court of there is one available.
You estranged husband is dead. He can no longer grant a power of attorney.
Yes. You should be sure to have a general power of attorney and/or medical power of attorney.
If your husband has a court order he doesn't need a power of attorney. The court order should be recorded with any deed he executes in your name if the court order gives that authority to him. You seem to be somewhat confused.
You and get would have to go to the court house anand sign paperwork.
If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.
A living person can change their power of attorney at any time. Previous powers of attorney will become void.
Of course not! A power of attorney must be granted by the person, it cannot be taken without a court order.