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If you are the principal all you need to do is revoke the Power of Attorney in writing and send it to the attorney-in-fact to inform him/her that their authority has been revoked. You should send or deliver a copy of the revocation to any entity or facility where the POA was used, especially your bank. You could record the revocation in the land records office. You could also protect yourself by placing a legal notice of the revocation in the local paper, keeping a copy of that page of the paper in your records.
An attorney-in-fact who will not surrender a POA can be a problem but if they use it to access your property when they know you have revoked it they are stealing and will be subject to criminal prosecution. You would be wise to protect yourself by covering all the bases thereby making it impossible for the revoked POA to be used.
What else can I help you with?
Must you notarize the POA of an incompetent person?
A Power of Attorney is customarily notarized. However, the bigger question is the validity of a Power of Attorney that is executed by an incompetent person. In general, it is not valid, as the person does not have the capacity to grant the powers to another. Therefore, if there is reason to execute a Power of Attorney (such as, in anticipation of potentially dangerous surgery), it should be done prior to the event that could lead to incompetence.
Louisiana your husband had a stroke and his kids are trying to get power of attorney?
If the husband has become mentally incompetent as a result of the stroke, he would not be considered mentally competent to grant a power of attorney to anyone. A power of attorney that is granted during the time of one's incompetency would generally not be considered valid. If a person is mentally incompetent, an interested person could generally petition a probate court (in the county in which the mentally incompetent person resides) to have a guardian of the person and the property appointed.
What can an agent do if someone tricks an elderly person into changing their power of attorney to name a different agent?
Nothing unless person is declared to be mentally incompetent at the time the power of attorney was made
Can court magistrates grant power of attorney for incompetant person?
In some cases, the court Magistrates are able to grant Power of Attorney for an incompetent person. What a magistrate can and can't do varies by local laws.
Can you legally sign a document for an incompetent spouse if the daughter of the incompetent spouse has Power of Attorney?
If the daughter has a valid Power of Attorney then she can sign for the incompetent. The Power of Attorney must have been executed when the spouse was competent and clearly to remain in effect in the case of a later incompetency. In most jurisdictions this would be knows as a Durable Power of Attorney.
How do you obtain power of attorney for an incompetent spouse?
You can get a power of attorney form online or at your local office supply store.
Can an agent named in a power of attorney create a will for an incompetent person where one doesn't exist?
Absolutely not. An attorney-in-fact cannot draft a will. In fact, how would an incompetent person execute a valid Power of Attorney and appoint an attorney-in-fact in the first place. Incompetents can't sign a legal document. When a person is not legally competent to make a last will and testament their property will pass according to the state laws of intestacy. In order to have the legal authority to handle their affairs a person must seek appointment by the court as their legal guardian.
How can you get power attorney from incompetent father?
If you mean that he is incapacitated to the point where he is mentally incompetent to know what he is doing in signing a power of attorney, you cannot. If he cannot comprehend the nature of his actions, then he cannot lawfully execute a POA. IN order to get control over his affairs at that point, you will have to have him declared incapacitated or incompetent and be appointed his guardian.
Can an incompentent revoke power of attorney?
No, a legally incompetent person can no longer act for themselves. A General Power of Attorney expires when the principal becomes incompetent. A Durable Power Of Attorneyremains effective even after the principal becomes incompetent. In that case, the Durable POA would be extinguished if someone petitioned the court and was appointed the conservator or guardian of the principal.
A person wants to give you the power of attorney for their finances. In this matter who is the agent and who is the principal?
The power of attorney is the form or document used to create the attorney-in-fact. The person who signs the power is the principal, the person designated as having the power of attorney is the agent or attorney-in-fact. The power can be limited and/or durable or general. It can also be limited to a specific purpose, like signing documents to purchase or sell a house. Durable means it continues in effect even though the principal becomes mentally incompetent. The power ends on the death of the principal unless revoked earlier.
Why does a power of attorney terminate when the principal dies or becomes incompetent?
Not all Powers of Attorneys terminate when the principal becomes incompetent. Some states all an incompetency clause in a POA that allows the agent to continue to serve even if the principal is determined be incompetent. POA terminate when a principal dies because once a person dies, a Personal Representative is appointed to their estate (either one determined by the principal through a Will, or one appointed by the court). Since a Personal Representative is required to administer any part of a decedent's estate, the POA must be terminated.
You want to give your daughter power of attorney how do you do it?
You can buy a power of attorney form online or at your local office supply store.
