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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.
What else can I help you with?
Can a power of attorney collect life insurance for a beneficiary on their behalf?
No, not without that persons consent. Not to mention that person would have to qualify.
What happens if both primary and secondary beneficiary die. Second beneficiary had approved power of attorney to another sibling - what happens then?
A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
Who has the power to over ride power of attorney?
A POA expires when the principal dies. They have no power over the estate or the beneficiary.
Is the power of attorney entitled to a percentage of the estate?
A power of attorney has absolutely nothing to do with an estate. All power of attorneys expire on the death of the grantor.
Is a general power of attorney allowed to add self as contingent benefactor on life insurance policy?
It is the person you are naming that has the power of attorney that can be the contingent beneficiary. You would be better to create a trust and make the trust the beneficiary
Can a Power of Attorney change the beneficiary of his mother's life insurance policy to himself?
Absolutely Not!
Does the person who is the power of attorney have the right to change the beneficiary in the state of Pennsylvania?
No. A change in a will must be signed by the testator.
Can a Power of Attorney stop a beneficiary from getting a copy of a mother's will?
You may need to hire a lawyer and go to court to get access, but a power of attorney does not allow this. The executor of the will may not be allowed to release the details, or a copy to protect the privacy of the deceased and the arraignments made for other beneficiaries. To get a copy you may need to sue and show wrongdoing to get access.
Can a Power of Attornery change the beneficiary of his father's life insurance if both he and his wife are in a nursing home?
Generally an attorney-in-fact under a Power of Attorney cannot make changes in beneficiaries. However, you should review the original Power of Attorney document.
Can a person with Power of Attorney be a beneficiary in the will.?
No. Most states if not all states have specific laws that this is one of several things the holder of a power of attorney cannot do by virtue of his authority under the power. Only the person making the will can alter it. And if, the person making the will can no longer sign papers, but states his wish to add a niece to their will in front of family witnesses?
Can an attorney be both the attorney for the estate and an individual beneficiary of the estate?
Yes.
Can a sister-in-law who has Power of Attorney change the beneficiary who is the separated wife?
A "separated wife" is still married. An attorney-in-fact cannot make changes to a will. An attorney-in-fact should not make changes in beneficiaries of insurance policies unless done at the express request of the principal. Otherwise those changes will be vulnerable to challenges in court. A surviving spouse cannot be disinherited in most jurisdictions. They would be entitled to a statutory share of the estate even if disinherited in the will.
