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What are the consequences if a person named as Power of Attorney abuses the scope of the powers?
Question?
Can you register a car if you have Power of attorney?
Most states that I've looked up allow the person named as the attorney-in-fact in a power of attorney to register a car for the principal.
Can you be executor and power of attorny in the same will?
Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.
Can a person who is power of attorney and has been for a number of years deal with the persons will when they die even though someone else is named as executor?
Not legally. A power of attorney represents a living person. After their death, the will and its appointed executor are responsible.
If someone has lifetime rights what happens when they get a power of atterney?
Power of attorney has no effect on lifetime rights, except that now the person named in the power can exercise the rights in the name of the person who gave the power.
Who is a patients durable power of attorney?
A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.
Can 2 persons be named to living will power of attorney?
While a living will typically does not carry with it a power of attorney, the general rule is that a person can name as many people to have a power of attorney as he/she wishes, but it would complicate matters to name more than one.
What happens if the person granted power of attorney as well as executor dies before the grantee?
If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.
Is a power of attorney still valid after the principal dies?
A power of attorney terminates when the principal dies.
Are you responsible for person finances after death with a general power of attorney?
A power of attorney represents a living person. After their death, the power of attorney is no longer valid.
Who is more powerful the person with will power or the person with power of attorney?
It depends on whether the person is living or dead. A power of attorney represents a living person. After their death, the power of attorney is no longer valid. Then the Executor takes over.
Is it possible to obtain power of attorney for a deceased person?
No, it is not possible to obtain power of attorney for a deceased person, as power of attorney ceases upon the death of the individual.
