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For power of attorney over whom? A parent, I presume. The short answer is that you can challenge anyone for anything you want. The long answer is that if the parent in question specifically named your sister as POA while that parent was of sound mind and that parent is still competent and mentally sound and your sister is carrying out her duties as POA properly, then you probably will lose. You'll only win if you can either show to the court that your sister persuaded the parent to sign the POA over to her while the parent was of unsound mind (thus nullifying the POA) or if you can show to the court that your sister is not acting prudently as a POA. By acting prudently, I mean that she's not properly attending to the legal affairs or medical needs of the parent, spending the parent's money in an improper manner, that sort of thing. The law on this differs from state to state, so I can't be any more specific without knowing where you are.
What else can I help you with?
Can your sister-in-law take power of attorney over your husband and he not know what she did?
Of course not! A power of attorney must be granted by the person, it cannot be taken without a court order.
How do you grant someone the legal right to take over your finances?
That would be most simply done by granting a Power of Attorney.
Your sister has your mothers power of attorney your mother has since been diagnosed with alzheimers your sister is now suffering from the same thing that your mother has how can you take over?
You will need to see an attorney, have you sister diagnosed by qualified medical professionals, and seek the assistance of the courts.
Does your stepmom have to ask you for approval to have power of attorney over my father?
No, your permission is not required. Your father can grant those rights to anyone he wishes.
I have power of attorney over my parents estate and my sister is trying to get them to quit claim there property to her. Is this legal?
Your parents own the property. What they do with it is up to them. Your power of attorney doesn't stop them from doing what they wish, or what they are convinced to do by someone else.
How do you obtian power of attorney over a parent in NH?
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.
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.
How do you get Power Of Attorney over your sick grandmother if you live in Michigan?
You would apply for it at the probate court if she is unable to grant it. The courthouse can provide the required forms and list of documents necessary.
If I am the sole executor of my mothers' will does my sister who has power of attorney have to turn my mother's assets over to me?
Yes. The POA expired at the moment your mother died. Your sister has no power over your mother's assets. You need to petition the probate court to be appointed the executor. Once you have been appointed you will have full authority over your mother's assets and the settling of her estate.
When a person has power of attorney are they supposed to follow all wishes of the deceased?
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.
How can you find out if your sister has power of attorney over your disabled sister?
Ask one of them. Other than that there is no other researchable way. Such documents are not generally required to be filed with the public records unless there is real estate involved. In that case a copy of the power of attorney would be recorded in the land records with any transaction that affects the real estate. On the other hand, if your sister is mentally disabled she may not be legally capable of executing a valid power of attorney. If that is the case a legal guardian would require appointment by the probate court and you should discuss the situation with an attorney who specializes in family law and probate.
Can a brother be awarded power of attorney over his sister?
No. A POA cannot be transferred from the holder to another individual. A new POA or guardianship order will have to be obtained through the required legal procedures by the person seeking such.
